We now have one of the largest teams specialising in legal matters relating to the development and operation of national and international ports and terminals.  Our Ports & Terminals Group includes English and foreign qualified lawyers based in all of the firm’s offices.  We have been involved with ports and terminals projects in more than 40 locations globally, including in China, India, the Middle East, Africa and South America as well as in the UK and other European countries.

Having worked with organisations involved in ports and terminals for many years, our client base now includes leading global port and terminal operators, international shipping lines, national port authorities, investment funds, foreign governments, harbour and coastal towage companies, transport and logistics companies, supply chain managers, infrastructure support development specialists, civil and maintenance work providers, contractors, consultants, commodities trading companies, banks and financial institutions, and insurance providers.

In particular we are able to offer our clients legal advice in the following areas:

• Port Development: advising on the full range of corporate transactions and commercial agreements pursuant to which a port or terminal is established and becomes operational.  We work on greenfield and brownfield terminal projects, including preparation of bid and response documentation, negotiation of concession agreements, lease agreements, BOT arrangements, construction documentation, user agreements and dedicated berth arrangements.
  

• Operations: working with operators and providers of port and terminal services to provide commercial law advice on the full range contracts and agreements needed to ensure efficient management, operation and use of terminal facilities and services.  We assist with infrastructure development, equipment purchase, supply chain connection, appointment of terminal managers and marine services, issues arising in relation to port facility security compliance with ISPS, terms and conditions for use of ports and terminals and negotiation of specific vessel operator user agreements on behalf of port and terminal operators.

• Corporate: working with operators and providers of port and terminal services to provide commercial law advice on the full range of contracts and agreements needed to acquire, dispose, transfer and restructure the ownership of assets and corporate entities connected with port and terminal facilities.  We have extensive experience of advising on mergers and acquisitions, management buy-outs, strategic partnerships, joint venture, company restructurings and finance.

• Liability/Insurance: advising providers of port and terminal services and their insurers in respect of their claims against ship operators where a terminal's equipment or property has been damaged, typically during discharge/loading.  Such claims invariably include recovery for business interruption.

What we do Experience

• Negotiating various equity joint ventures for container terminals projects in China including Qingdao, Dalian, Xiamen, Tianjin, Shanghai (Wai Gaoqiao and Yangshan) and Nansha including due diligence and negotiation of the acquisition agreements, joint venture agreements with the port authority and other joint venture partners and obtaining local and state council approvals.

• Representing a European listed company in connection with the acquisition of one and disposal of two terminals as well as the restructuring of another in connection with ongoing joint venture contracts between our clients and another major global terminal operator following their acquisition by a third party.

• Establishing the necessary corporate structure for Dutch based clients following their successful bid in connection with two new container terminals in Nigeria including negotiations with the Nigerian Port Authority and the Bureau of Public Enterprises for a major port privatisation project and draft concession and lease agreements for both projects.

• Advising a major UK LNG import and storage terminal in relation to its contracting structure for marine services and co-operation amongst its shareholders and adjacent terminal in relation to these.

• Representing a major international terminal operator in relation to the acquisition of a minority stake in the Malaysian deep water container terminal including undertaking due diligence, negotiating a draft memorandum of understanding, acquisition agreement, shareholders agreement, management agreement and a terminal user agreement with a major shipping line and reviewing the terms of the concession agreements.  Assisting with the legal documentation for the establishment of a container repair facility at the terminal. Revising the shareholders agreement and assisting with the acquisition of an additional shareholder.

What we do Experience

We now have one of the largest teams specialising in legal matters relating to the development and operation of national and international ports and terminals.  Our Ports & Terminals Group includes English and foreign qualified lawyers based in all of the firm’s offices.  We have been involved with ports and terminals projects in more than 40 locations globally, including in China, India, the Middle East, Africa and South America as well as in the UK and other European countries.

Having worked with organisations involved in ports and terminals for many years, our client base now includes leading global port and terminal operators, international shipping lines, national port authorities, investment funds, foreign governments, harbour and coastal towage companies, transport and logistics companies, supply chain managers, infrastructure support development specialists, civil and maintenance work providers, contractors, consultants, commodities trading companies, banks and financial institutions, and insurance providers.

In particular we are able to offer our clients legal advice in the following areas:

• Port Development: advising on the full range of corporate transactions and commercial agreements pursuant to which a port or terminal is established and becomes operational.  We work on greenfield and brownfield terminal projects, including preparation of bid and response documentation, negotiation of concession agreements, lease agreements, BOT arrangements, construction documentation, user agreements and dedicated berth arrangements.
  

• Operations: working with operators and providers of port and terminal services to provide commercial law advice on the full range contracts and agreements needed to ensure efficient management, operation and use of terminal facilities and services.  We assist with infrastructure development, equipment purchase, supply chain connection, appointment of terminal managers and marine services, issues arising in relation to port facility security compliance with ISPS, terms and conditions for use of ports and terminals and negotiation of specific vessel operator user agreements on behalf of port and terminal operators.

• Corporate: working with operators and providers of port and terminal services to provide commercial law advice on the full range of contracts and agreements needed to acquire, dispose, transfer and restructure the ownership of assets and corporate entities connected with port and terminal facilities.  We have extensive experience of advising on mergers and acquisitions, management buy-outs, strategic partnerships, joint venture, company restructurings and finance.

• Liability/Insurance: advising providers of port and terminal services and their insurers in respect of their claims against ship operators where a terminal's equipment or property has been damaged, typically during discharge/loading.  Such claims invariably include recovery for business interruption.

Global Investment in Ports & Terminals

Ports and terminals operation is big business and growing. In the context of surging global trade, HFW has commissioned important new research to identify the trends within this popular investment sector. This report details the areas in which international financial interest has focused, who is investing and why.

The report focuses on:

Increasing role for private investment. Global phenomenon. Key investors. Investment types. Where is the growth coming from? What operators can offer. Key challenges. What's next?

To receive a free copy of the report, Global Investment in Ports & Terminals, please register here.

• "Private equity targets ports", Lloyd's List, 12/7/11, pg 2. Alistair Mackie, head of HFW's global Ports & Terminals Group, Matthew Gore, Associate and Connie Chen, Special Counsel, are all quoted extensively in this article which focuses on the increase in M&A activity in the ports sector, and where future investment opportunities lie. (http://www.lloydslist.com/ll/sector/ports-and-logistics/article374877.ece - subscriber access only)
  
  
• "S America and Africa seen as new port hot spots", Financial Times, 11/7/11, pg 16. Alistair Mackie, head of HFW's global Ports & Terminals Group is quoted in this article which focuses on where the attractive markets will be for future port infrastructure investment. (http://www.ft.com/cms/s/0/2c2b1af4-a995-11e0-a04a-00144feabdc0.html#axzz1RsPXhPli – subscriber access only)
  
  
• "A fit of conscience", Port Strategy, 24/10/11. Alistair Mackie, head of HFW's global Ports & Terminals Group is interviewed in this article which focuses on how important social awareness is in today's tighter tender processes. (http://www.portstrategy.com/features101/port-operations/port-performance/concession-wins)