Faez Abdul Razak is a partner in the Kuala Lumpur Finance & Projects Practice Group.
Faez’s practice focuses on major projects, construction and services contracts as well as financing transactions for large scale infrastructure projects. He also advises on conventional and Islamic banking and debt capital markets project financing and construction, infrastructure and utilities (energy and water) regulatory compliance in Malaysia. He has also established himself in the renewable energy space, particularly solar, where his experience comes from the number of solar PPAs that he has worked on over the last several years, including on the largest commercial solar PPA in Malaysia.
Representative Legal Matters
- Represented ib vogt GmbH, a German-based multinational solar engineering and project development company, in connection with its successful bid to develop a 100MWac (Mega Watts, alternating current) solar photovoltaic power plant in Marang, Terengganu, under Malaysia's third large-scale solar tender project (LSS3). The LSS3 is the Federal Government's commitment to increase the generation capacity of renewable energy from 2.0 per cent to 20 per cent of total energy generated by 2025. The five successful bidders of the LSS3 programme, which offers a total capacity of 500MW, comprise of foreign and local consortiums.
- Advised a multinational hypermarket retailer with the proposed solar rooftop power generation project which involves the appointment of a solar development company for the development, design, finance, installation, construction, and operation and maintenance of renewable electricity generating plants on the rooftop of selected sites belonging to our client and for the supply of electricity to our client. The installations will have a total generating capacity of 10MW and they are expected to produce around 22,600kWp of electricity each year. This project is one of the few private rooftop solar projects in Malaysia on a large scale basis, and our expertise was required to navigate various uncommon concerns.
- Acting for a foreign sponsor, a leading integrated energy company based in Thailand, on the development of a solar farm in Kuala Paka, Terengganu, Malaysia as part of the Malaysian Energy Commission’s Large Scale Solar Photovoltaic Project. Advising the client on the review of the primary contract for their investment including the Power Purchase Agreement, drafting and reviewing the Shareholders Agreement, Engineering, Procurement and Construction Contract, Operation & Maintenance Agreement and the Land Lease Agreement.
- Assisted sponsors in their bid participation of an tender exercise for the development and operation of a 2 x 1000MW coal fired power plant in Malaysia including the review of the Power Purchase Agreement and Coal Supply and Transport Agreement, drafting and negotiating the term sheets for the Engineering, Procurement and Construction Contract, Operation & Maintenance Agreement and the Land Lease Agreement.
- Advising a special purpose company in Pengerang, Johor, in relation to various contracts for the development and operation of a petrochemical storage terminal facility including a deepwater jetty. This project is part of the overall Pengerang Integrated Complex and will provide services to the multi-billion dollars RAPID petrochemical project developed by PETRONAS, the Malaysian national oil and gas company.
- Appointed to act for a global leader in engineering & construction of integrated transport systems in connection with the participation in the asset company's tender for the Kuala Lumpur-Singapore High Speed Rail (“HSR”) project. this includes advising on the Concession Agreements and Project Agreements from a Malaysian law perspective, including the Engineering, Procurement and Construction Agreement, the Energy Supply Agreement, Supply Agreement, as well as the Operating & Maintenance Agreement and the Shareholders' Agreement.
- Advised a Malaysian land-based public and freight transport statutory body as part of a consortium of advisors, comprising of a railway consultant, an infrastructure project manager, a railway safety consultant, and us as legal advisors. The advisory is in connection with the landmark reform of the Malaysian railway operation and infrastructure management regulatory framework. This innovative reform aims to liberalise the industry by allowing multiple train operators to have access to the primary railway network in Peninsular Malaysia.
- Advised the CIMB Investment Bank and Maybank Investment Bank in relation to a 20-year commodity Murabahah term financing of up to MYR 3.2 billion in six tranches to be granted to the project company to part finance a proposed mixed development in the centre of Kuala Lumpur with an estimated GDV of MYR 5 billion.
- Advised a syndicate of banks on a project financing deal amounting to USD240 million. The financing procured was to part finance the construction of the development, construction, operations and maintenance of a new Riser Platform (RP), a bridge linking the RP to existing production facilities, and a 63km 24-inch subsea pipeline from the main RP to the border of Malaysia-Thailand Joint Development Area (JDA) and Malaysian waters.
- Advised a Malaysian renewable energy company in connection with its bid to develop a waste-to-energy plant in Sungai Udang, Malacca, Malaysia. This waste-to-energy project is carried out on a public-partnership basis, and was the second of six proposed waste-to-energy projects that the federal government of Malaysia had planned to develop in 2021 to reduce waste disposal rates at landfills.
Professional Associations and Memberships
Kuala Lumpur Bar
King’s College London (Masters of Law in Competition Law) (2012)
University Teknologi Mara (Bachelor of Laws) (2011)
Co-author, "Overview of the Malaysian PPP Framework," Asian MENA Counsel, 2015