Khemchand Thadani

Khem is a front-end infrastructure projects practitioner in both greenfield and brownfield transactions.

Khem has been extensively involved in the last 30 years in advising, structuring, negotiating and documenting complex and interdependent agreements for mega infrastructure and integrated commercial developments and closing deals successfully on a project finance basis. The industries include power generation, district cooling plants, water treatment plants, cement plants, railways, highways, oil and gas, airport, and manufacturing. He has advised on project development, concession arrangements, design and construction, insurance, financing, operation and maintenance and on various issues arising during project implementation.

Khem has successfully negotiated transactions in Malaysia, South East Asia, Asia, Europe, Middle East, Africa and Australasia. He has advised investors, developers, contractors, suppliers, operators, service providers and financiers.

He has also been involved in dispute resolution including litigation and arbitration under ACICA (Australia) on a road construction dispute, ICSID Rules for an arbitration held in London in relation to a power plant in Tanzania. He has successfully obtained an injunction against the calling of a performance bond of RM 42 million and separately advised on pre-arbitration aspects for two (2) large power plants.

Khem is active in providing opinions under PPAs, EPCCs and development agreements on various issues involving substantial amounts.

Khem is an Associate of the Chartered Institute of Arbitrators (CIArb).

Qualifications

• LL.M. – University of Melbourne, Australia
• LL.B. (Hons) – University of Canterbury, New Zealand

Admissions

• Barrister and Solicitor of High Court of New Zealand, December 1985
  Malaysian Bar (1986)
• Barrister and Solicitor of Supreme, Federal and High Courts of Australia, 1987

Languages

• English
• Bahasa Malaysia
• Sindhi
• Hindi

Market Leading Experience

• Advising on Concession Agreement, SHA, IWC, CWC, OMA, ESAs, SLA, WSA, GSA, IEA, multiple CESAs & subcontracts for a 24,000 RT Co-generation District Cooling Plant, KLIA, Selangor.
• Advising on Concession Agreement, SHA, EPCC Contract, OMA, ESA, SLA, WSA, IEA, multiple CESAs & subcontracts for a 18,000 RT District Cooling Plant, KLIA 2, Selangor.
• Advising on the OMA for a Water Treatment Plant of 950MLD, Selangor.
• Advising on PPA, EPCC Contract and OMA for 50MWac Large Scale Solar Power Plant, Selangor.
• Advising on PPA EPCC Contract and OMA for 30MWac Large Scale Solar Power Plant, Kedah.
• Advising on PPA, EPCC, FSA, OMA & Financing for a 300MW Gas Fired Power Plant, Kimanis, Sabah.
• Advising on PPA, EPCC, CSTA & OMA for a 2,100MW Coal Fired Power, Janamanjung, Perak.
• Advising on PPA, EPCC, GSA & OMA for a 13,000 MW Gas Fired Power Plant, Segari, Perak.
• Advising on the EPCC Contract for 2,400MW Bakun Hydroelectric Dam, Sarawak.
• Advising on Construction contracts together with a suite of some 10 commercial
• agreements for 500 kV transmission line in Peninsular Malaysia.
• Advising on the EPCC for Offshore Wellhead Platform, Bombay, India.
• Advising on the GSAs for various Gas Fired IPPs, Malaysia.
• Advising on PDP Agreement and Construction Contracts for KV MRT, Selangor.
• Advising on Concession Agreement, SHA & EPCC for Express Rail Link (ERL), Selangor.
• Advising on the EPCC Contracts for a 5,000 MT Cement Plant, Negeri Sembilan.
• Advising on Concession Agreement, SHA, OMA, TSA on Hyderabad International Airport, India.
• Advising on Contract Administration for PLUS North-South Highway, Malaysia.
• Advising MyPower Corporation and Co-authored a Report with AmInvestment Bank on the legal aspects for the creation of an independent single buyer and independent grid system operator in Malaysia under MESI 2.0.