DL & F De Saram

http://www.desaram.com

 

47 Alexandra Place, Colombo, 7 Sri Lanka

(+94) 11 2 695782 | (+94) 11 2 697272 | (+94) 11 2 689677 | (+94) 11 2 695410

desaram@desaram.com

 

introduction

 

D. L. & F. De Saram is one of the oldest and largest law firms in Sri Lanka, founded in 1898, and has been consistently ranked as a top tier legal firm by IFLR 1000, Legal 500, Chambers Global and Chambers Asia Pacific. The firm provides cross border legal services to major international firms in, inter alia, the United Kingdom, the United States, China, Europe and Australia. Our highly qualified, versatile and experienced legal team comprises of specialists in infrastructure project development (including ports, power and energy, highways, etc.), with special emphasis on PPPs and cross border financing. Acted as local counsel to the US$ 1.5 billion Port City Project, the largest infrastructure project undertaken in Sri Lanka. The firm’s M&A team has been involved in three of the largest M&A transactions in Sri Lanka, namely, the acquisition of Aviva NDB Insurance PLC by AIA Company (transaction value US$ 100 million), the merger of the Lafarge and Holcim entities in Sri Lanka pursuant to the global merger of these entities,and the sale by LafargeHolcim of its shares in HolcimLanka Limited (transaction value US$ 373 million).

 

The M&A team recently advised GE Transportation on its purchase of supply chain software provider ShipXpress in Sri Lanka. The firm also advised on antitrust implications of the Lafarge and Holcim merger under Sri Lankan law.

 

Our compliance and employment law team advises Ernst & Young, PWC and multinational companies on various aspects of Sri Lankan labour law, including preparation of employment contracts, collective agreements, employment and compliance guides and notebooks, undertaking compliance audits and general advice. 

 

The firm has considerable experience in advising clients on Sri Lankan anti-bribery and corruption laws as well as assisting as Sri Lankan counsel in FCPA investigations.

 

The firm has extensive involvement in cross border banking and finance transactions. Recently advised ADB, Axis Bank, Mashreq Bank, China Development Bank, HSBC, Standard Chartered Bank, Bank of Tokyo-Mitsubishi UFJ Limited and Global Climate Partnership Fund on financing transactions in Sri Lanka, with particular emphasis on Sri Lankan exchange control law and its implications on cross border financing, including structuring transactions in line with applicable Sri Lankan exchange control law.

 

The firm assisted KPMG in preparation of an analysis of Sri Lankan law governing cross border financing including a detailed study on exchange control law, foreign ownership restrictions in certain industries and structuring finance and security documents in line with exchange control and banking regulations. The firm also provides legal services to leading multinational corporations and international and domestic banking institutions.

 

The firm undertakes company incorporations (including incorporations with the approval of the Board of Investment of Sri Lanka) and establishment of branch, representative and liaison offices. The firm provides company secretarial services to over 500 domestic companies, many of which are listed on the Colombo Stock Exchange.

 

D. L. & F. De Saram is one of the oldest law firms in Sri Lanka, founded in 1898. The Firm has been consistently ranked as a top tier legal firm by IFLR 1000, Legal 500, Chamber Global and Chambers Asia Pacific. The Firm provides cross border legal services to major international firms in, inter alia, the United Kingdom, the United States, China, Singapore, Japan and Australia.

 

We are a full-service law firm with 11 partners and over 40 experienced lawyers.

 

AREAS OF PRACTICE

 

OUTBOUND & INBOUND INVESTMENT

 

The Firm provides legal counsel in all aspects of foreign and local investment, including facilitating and advising, on regulatory approvals, specific incentives and exemptions, including tax holidays/ preferential tax rates, exemption from customs duty, foreign exchange controls, tax, banking and finance issued related to foreign investment, entry rules and procedures for obtaining visas and permits for employment of businesses.

 

CORPORATE ADVISORY SERVICES

 

The Firm advises on all aspects of laws pertaining to incorporation of companies, sourcing of funds, shareholder arrangements including joint ventures and venture capital, and legal advice on day to day operations. The Firm’s secretarial division, through its subsidiary, Corporate Advisory Services (Pvt) Ltd provides incorporation, secretarial and ancillary services to corporate clients. It is a virtual one-stop-shop for all services connected with the establishment and operation of a domestic or foreign company in Sri Lanka.

 

LABOUR, EMPLOYMENT & IMMIGRATION

 

The Firm provides the full spectrum of labour and employment legal services to its domestic and multinational clients. These include advising on all labour and employment matters, assistance in dispute resolutions and disciplinary hearings, preparation of employment contracts, collective agreements, settlements and awards. Assist in compilation of employment guides and handbooks.

 

TAX

 

The Firm has expertise in advising both individual and corporates, including companies, small and medium enterprises, partnership, sole proprietorships, on many aspects of tax. Advice including tax incentives and exemptions for investors, tax efficient transaction structuring and representing clients in tax disputes.

 

INFORMATION TECHNOLOGY

 

The Firm undertakes assignments dealing with all aspects of information technology law, including software development and licensing, IT consultancy and agency, outsourcing, trans-border data flow agreements, data privacy, domain registrations, web site and e-commerce.

 

INTELLECTUAL PROPERTY

 

Handles applications for the registration of trademarks, copyrights, industrial designs, patents and related services, including litigation arising from infringements and trademark enforcements.

 

LITIGATION & DISPUTE RESOLUTION

 

The Firm specialises in litigation, dispute resolution, corporate insolvency and bankruptcy, experienced in all courts throughout Sri Lanka. The team assists clients in respect of all litigation and dispute resolution matters, with creditors, debtors, and all stakeholders.

 

COMPETITION & ANTI-TRUST

 

The Firm advises on all aspects of competition law issues, including reviewing arrangements and agreements that are potentially anti-competitive, joint ventures, merger controls, dominance and practices and preparing compliance memorandums.

 

BANKING & FINANCE

 

The Firm handles complex cross border financing for both domestic and blue-chip companies and multinational corporations and financial institutions. It has wide experience in asset and project finance and handling structured transactions in the fields of energy, infrastructure, transportation, communications, real estate and pharmaceuticals. The Firm also advises on a range of banking and financial services, including loans, performance bonds, bid bonds and other credit instruments, treasury bills and other financial and treasury instruments, mortgages and guarantee agreements.

 

CAPITAL MARKETS & SECURITY

 

The Firm advises on all aspects of securitizations laws, and has expertise in advising on equity instruments and debt instruments inter alia shares, debentures, warrants, derivative products and other listed and unlisted instruments.

 

M&A

 

The Firm has a highly qualified and experienced team comprising of specialists in mergers & acquisitions, in the fields of infrastructure project development, constructions, real estate and pharmaceuticals. Our team was local counsel to the US$ 1.5bn port city project, the largest infrastructure project undertaken in Sri Lanka.

 

FAMILY LAW & TESTAMENTARY

 

The Firm advises on all aspects of family law and testamentary matters including wills, probate, estate management, intestate succession and matrimonial issues.

 

ADMIRALTY & SHIPPING

 

Facilitates and advises on many aspects of admiralty, shipping and trade, including collisions, groundings, fires and cargo disputes, charter parties, ship arrests and crew arrests, maritime litigation and arbitration.

 

 

Partners

 

Dijen De Saram

senior partner 

 

governing partners Savantha De Saram, Prabash De Saram, Michael Sproule

 

number of partners 9

number of lawyers 40

languages English, Sinhala, Tamil

 

 

  • called to the bar 1976
  • years with the firm Over 30 Years
  • The Senior Partner of the firm

 

academic/ professional qualifications

 

LLB (Hons) (University of Ceylon) (1970-1974)

Attorney-at-Law - Supreme Court of the Democratic Socialist

Republic of Sri Lanka (April 1976)

 

areas of practice

 

Dispute Resolution | Insurance | Tax

 

work experience

 

1984 to date at D.L. & F. De Saram. Partner since 1989

1979 - 1984 : Legal Draftsman’s Department/ drafting legislation and subsidiary by laws of the government of Sri Lanka

 

contact details

 

Telephone (+94) 11 2695782 | Fax (+94) 11 2695410 | desaram@desaram.com

 

Savantha De Saram

 

called to the bar 1999

years with the firm Over 18 Years

 

academic / professional qualifications

 

LLB (Hons), Holborn Law College London June 1997

Attorney-at- Law - Supreme Court of the Democratic Socialist Republic

of Sri Lanka (October 1999)

Barrister-at- Law - England and Wales (1998), Lincoln’s Inn

 

areas of practice

 

Corporate and Commercial | Project Finance & Infrastructure | Securitization

Information Technology | Admiralty | Shipping & International Trade

 

work experience

 

1998 to date at D.L. & F. De Saram

Partner since 2004

 

contact details

 

Telephone (+94) 11 2695782 | Mobile (+94) 777 891 696 | Fax (+94) 11 2695410 |

savantha@desaram.com

 

Prabash De Saram

 

called to the bar 1999

years with the firm Over 17 Years

 

academic / professional qualifications

 

Magister Juris (First Class) (Masters in Law - University College | University of Oxford – U.K) (2000-2001). The primary focus of his Masters thesis was on the study of laws relating to Companies,

Contracts and Intellectual Property 

 

Awarded the Shell Centenary Scholarship for studies at

the University of Oxford – UK (2000)

 

Awarded Angelo M. Patrick prize - Best performance by a Sri Lankan in SMM (Strategic Management and Marketing) in the final stage of the Chartered Institute of Management

 

Accountancy Examination (May 2000)

Passed finalist CIMA – U.K (May 2000)

 

Attorney-at-Law, Supreme Court of the Democratic Socialist Republic of Sri Lanka (1999) -( First Class in each of the years 1996, 1997 and 1998 )

 

areas of practice

 

Foreign Investment | Banking and Finance | Tax | Infrastructure |

Intellectual Property | Corporate and Commercial

 

work experience

 

2003 to date at D.L & F. De Saram

Partner since January 2006

2002 – 2003 : The Hong Kong & Shanghai Banking Corporation Limited

Trade Services - Advice on Documentary Credit and Documentary Collection

Transactions and Trade Finance Lending Instruments

 

contact details

Telephone (+94) 11 2695782 | Fax (+94) 11 2695410 | prabash@desaram.com

 

Michael Sproule

 

called to the bar 1968

years with the firm Over 40 Years

Senior Partner of the firm : 2003 - 2015

 

academic / professional qualifications

 

Bachelor of Arts - University of Oxford (1964)

Barrister-at-Law - England and Wales (1967), Inner Temple

Attorney-at-Law - Supreme Court of the Democratic Socialist

Republic of Sri Lanka (1968)

 

areas of practice

 

Foreign Investment | Real and Moveable Property and Trusts |

Banking and Finance | Infrastructure, Power and Energy

work experience 1968 to date at D.L & F. De Saram

 

contact details

 

Telephone (+94) 11 2695782 | Fax (+94) 11 2695410 | desaram@desaram.com

 

Manjula Sirimane

 

called to the bar 1993

years with the firm Over 22 Years

 

academic/ professional qualifications

 

LLB, University of Colombo – 1995

Attorney-at-Law, Supreme Court of the Democratic

Socialist Republic of Sri Lanka (1993)

 

areas of practice

 

Corporate and Commercial | Employment | Intellectual Property

 

work experience

 

1994 to date at D.L. & F. De Saram

Partner since 1998

 

contact details

 

Telephone (+94) 11 2695782 | Fax (+94) 11 2695410 |

desaram@desaram.com

 

Jivan Goonetilleke

 

called to the bar 2008

years with the firm Over 8 Years

 

academic/ professional qualifications

 

LL.B (Hons.) University of London (external) in 2005

B.A (Bachelor of Arts Degree) University of Kelaniya, Sri Lanka in 2006

Post Graduate Diploma in Conflict Resolution - University of Colombo, Sri Lanka in 2009 

 

Attorney-at-Law - Supreme Court of the Democratic Socialist Republic of Sri Lanka (August 2008)

 

areas of practice

 

Corporate and Commercial | Dispute Resolution

 

work experience

 

2008 to date : Counsel / Consultant to D.L. & F. De Saram,

Attorneys-at-Law in the aforementioned areas of practice

Partner since 2015

 

contact details

 

Telephone (+94) 11 2695782 | Fax (+94) 11 2695410 |

desaram@desaram.com

 

Consultants

 

Suren De Silva

 

called to the bar 1997

years with the firm Over 10 Years

 

academic / professional qualifications

 

Masters in Law (LLM) (University College London) (University of London) (1997-1998). Emphasis on regulation of financial markets, law and practice of foreign investment in emerging economies, privatization.

 

LLB Hons. - University of Wales College, Cardiff (1993 -1995) 

 

Attorney-at-Law - Supreme Court of the Democratic Socialist Republic of Sri Lanka (June 1997)

 

Barrister of Gray’s Inn - Barrister-at-Law England and Wales (July 1996)

 

Special Training Program on Commercial Law at City University, Hong Kong, (April 2002) under a World Bank scholarship.

 

Council Member and Convenor, of the Constitutional Amendment

 

Committee of the Bar Association of Sri Lanka

 

Member of the National Intellectual Property Commission (2002/2003)

 

areas of practice

 

Dispute Resolution | Project Finance and Infrastructure |Securitisation

| Admiralty, Shipping and International Trade

 

work experience

 

May 2003 to date : Counsel / Consultant (Special Projects),

D.L. & F. De Saram

January 1999 - April 2003 : State Counsel, Attorney General’s Department, Sri Lanka. Engaged in legal work on behalf of the Government of Sri Lanka (GOSL), its agencies and its corporations/drafting and reviewing legislation and advising the GOSL on the constitutionality of proposed legislation, acting as an advisor to Ministerial Select Committees set up by Parliament in its role of recommending new legislation to parliament, negotiating contracts on behalf of GOSL with the private sector and foreign entities, handling litigation on behalf of GOSL, advising Government Corporations through the Public Enterprise Reform Commission on their restructuring by privatization and / or by forming strategic private/public partnerships.

 

contact details

 

Telephone (+94) 11 2695782 | Fax (+94) 11 2695410 |

desaram@desaram.com

 

Riad Ameen

 

called to the bar 1998

years with the firm 2 Years

 

academic/ professional qualifications

 

LLB (University of London)

LLM (University of Colombo) – Public Law (Constitutional and Administrative Law)

Barrister of the Lincoln’s Inn

Attorney-at-Law - Supreme Court of the Democratic Socialist Republic of Sri Lanka

 

work experience

 

1999 - 2006 : State Counsel at the Attorney General’s Department of Sri Lanka

Provision of legal advice to the Government of Sri Lanka

Legal representation in Court in litigation

Legal practitioner since 2006. His areas of speciality consist of corporate law, including joint ventures, mergers and acquisitions and public law, including customs and taxation.

 

contact details

 

Telephone (+94) 11 2695782 | Fax (+94) 11 2695410 |

desaram@desaram.com

 

Areas Of Practice
 

foreign investment

 

The firm provides legal counsel in all aspects of foreign and local investment, including facilitating and advising, on approval from the Central Bank of Sri Lanka and the Board of Investment (BOI), specific incentives and exemptions granted by the BOI, including tax holidays/preferential tax rates, exemption from customs duty, foreign exchange controls, tax, banking and finance issues related to foreign investment including: Securities Investment Accounts (SIA), Offshore Banking/FCBU Accounts, RFC/NRFC Accounts, entry rules and procedures for obtaining visas and permits for employment and businesses. 

 

banking & finance

 

The firm handles complex cross border financing for both domestic blue chip companies and multinational corporations and financial institutions, acting as co-counsel with international law firms. It has wide experience in asset and project finance and handling structured transactions in the fields of energy, infrastructure, transportation, communications, real estate and pharmaceuticals; advises on exchange control laws relevant to corporate financial transactions within the Sri Lankan legal framework.

 

The firm also advises on a range of banking and financial services, including loans, performance bonds, bid bonds and other credit instruments, government bonds, treasury bills and other financial and treasury instruments, mortgages and guarantee agreements, letters of credit, documentary collection (DA/DP terms), open account and other trade finance transactions, bills of exchange, promissory notes and cheques. 

 

key clients

 

HSBC | ADB | Axis Bank | Mashreq

Bank | China Development Bank | Standard

Chartered Bank | IFC | Mizuho Bank | Bank of

Tokyo-Mitsubishi UFJ Limited | Global Climate

Partnership Fund

 

capital markets & securities

 

Advises on issues of shares, debentures and warrants and other listed and unlisted instruments, derivative products and securitizations. Assists Sri Lankan companies seeking to list shares and debt instruments in overseas exchanges as well as international bond issues with underlying assets being located in Sri Lanka; and international banks in the preparation of memorandums and prospectuses for sales notes and warrants to Sri Lankan customers. Has considerable experience in advising on ISDA documentation for corporate and non - corporate counterparties.

 

key clients

 

BNP Paribas Securities (Singapore)|

Merrill Lynch Bank of America | Citigroup Inc | J. P.

Morgan Chase and Co | Pareto Securities | Hemas

Manufacturing Pvt Limited | Carsons Group | HSBC

 

M&A

 

The firm has an experienced team of lawyers specializing in M & A, in the fields of energy, infrastructure, construction and pharmaceuticals.Handles private equity and public mergers and acquisitions, and was recently associated with two of the largest M&A transactions in Sri Lanka. Undertakes due diligence exercises and preparation of share purchase and shareholders’ agreements and specializes in advising clients on Sri Lankan foreign investment and amalgamation laws. Continues to advise major Chinese and Indian clients on structured inbound investment.

 

key clients

 

AIA Company | LafargeHolcim |

General Electric | Pernod Ricard | Hitachi | China

Harbour Engineering | Ernst and Young.

 

competition & antitrust

 

The firm advises clients on all aspects of competition law issues, including reviewing arrangements and agreements that are potentially anti-competitive, joint ventures, merger controls, dominance and practices, and preparing compliance memorandums.

 

key clients

 

Coca Cola | LafargeHolcim | Nestlé

 

construction

 

Provides legal counsel to general contractors, prime contractors, subcontractors, architects and design professionals, owners, developers, construction managers and suppliers in all matters relating to the construction industry. Also undertakes specialized construction arbitration work

 

key clients

 

Hyundai | Sanken | Surath Wickramasinghe

Associates | MTD Walkers.

 

infrastructure

 

The firm advises clients on the regulatory framework for infrastructure development with special emphasis on ports and terminals, energy, utilities and highways.

Assists investors on all aspects of the project cycle, from tendering procedures, labour requirements,

operational issues and dispute resolution. Advises lenders and developers on project finance and

all types of PPP arrangements. Has considerable experience in advising on and preparing concession

and implementation agreements, joint venture agreements, purchase agreements, finance and direct lending agreements.

 

key clients

 

China Harbour Engineering

Company | COSCO Shipyard Group Co | Exim Bank

of China | China Development Bank | World Bank |

ADB | National Thermal Power Corporation Ltd |

Siemens.

 

labour, employment & immigration

 

The firm provides the full spectrum of labour and employment legal services to its domestic and

multinational clients. These include advice on employee remuneration and benefits, resignations and terminations, dispute resolution, disciplinary hearings,employment terms including superannuation and pension benefits, disputes with trade unions and individual and collective disputes, workmen’s compensation and preparation of employment contracts, collective agreements, settlements and awards. Also has significant experience in HR and employee restructuring; advises multinationals on the compatibility of international labour regulations with Sri Lankan laws. Assists in compilation of employment guides and handbooks.

 

key clients

 

Tesco | Microsoft | Archer Daniels

Midland | Malaysian Airlines | Google Inc. | Tata India

| PWC | LafargeHolcim.

 

real estate

 

The firm’s real estate team advises on foreign ownership restrictions, land acquisitions and sales, mortgage and lease agreements, together with due diligence examinations on real estate and the preparation, attestation and registration of transfers and other title documents. Currently involved as legal advisers to 3 of the largest mixed development projects undertaken in Sri Lanka. The scope of services include advising on condominium law and general drawbacks, preparation of condominium plans and declarations, sales agreements, deeds of transfer and obtaining local authority documentation. Also advises construction companies employed in mixed development projects. 

 

key clients

 

Tata Housing | China Harbour

Engineering Company | Hyundai

 

restructuring & insolvency

 

The firm advises clients on winding up laws, insolvency and deregistration filing requirements, restructuring of debt and formal insolvency proceedings. The team institutes and defends insolvency proceedings on behalf of its clients. Also advises lenders and investors on corporate structuring.

 

key clients

 

Aramex Int Ltd | Hewlett Packard | 

Archer Daniels Midlands Group | Cipla India

 

intellectual property

 

Handles applications for the registration of trademarks, copyrights, industrial design, patents and related

services, including litigation arising from infringements and trademark enforcements; advises on infringement of Intellectual Property rights and IP dispute resolution, including litigation. 

 

information technology 

 

The firm undertakes IT assignments dealing with, drafting and dispute resolution on all aspects of information technology law, including software development and licensing, IT consultancy and agency, outsourcing, trans-border data flow agreements, data privacy, domain registrations, web site and e commerce, software development and licensing agreements and IT dispute resolution.

 

key clients

 

Microsoft | Hitachi | Google | Hsenid 

Group of companies | Baidu

 

admiralty & shipping

 

Advises Shipping and Protection and Indemnity interests on cross border disputes, with special emphasis on cargo claims, vessel mortgage enforcement and crew arrests, salvage and ground handling disputes. Facilitates and advises on many aspects of Admiralty, Shipping and International Trade, including, collisions, groundings, fires and cargo disputes, charter parties, bills of lading, and contracts of freight, marine insurance, ship arrests and crew arrests, maritime litigation and arbitration, purchase, appraisement, sale and registration of vessels.

 

key clients

 

Steamship Mutual | Ship owners

Mutual | North of England P & I | Nippon Express

South Asia and Oceania | Hanjin | Evergreen Shipping.

 

litigation & dispute resolution

 

The firm specializes in litigation, dispute resolution, corporate insolvency and bankruptcy, experienced in all courts throughout Sri Lanka. The team assists clients in respect of all litigation and dispute resolution matters, with creditors, debtors, clients, shareholders, staff and other third parties.

 

key clients

 

Nestlé | LafargeHolcim | Coca Cola

| ING | Arcelormittal

 

tax

 

Advises on many aspects of tax, both individual and corporate, including tax incentives and exemptions for foreign investors, corporate and income tax disputes, Value Added Tax (VAT) and other indirect tax issues; transaction structuring and representing clients in tax disputes.

 

family law & testamentary 

 

The firm advises on all aspects of family law and testamentary matters including, wills, probate, estate management, intestate succession and matrimonial issues. 

 

company secretarial services

 

The firm’s secretarial division, through its subsidiary, Corporate Advisory Services (Pvt.) Ltd. provides incorporation, secretarial and ancillary services to corporate clients, currently in excess of 500, in accordance with the provisions of Sri Lanka’s Companies Act. CAS is a virtual one-stop-shop for all services connected with the establishment and operation of a domestic or foreign company in Sri Lanka.

 

banking & finance

 

bnp paribas securities services (singapore branch) Providing an opinion to BNP Paribas Securities Services (Singapore Branch) in respect of margins taken by the said entity over derivative transactions. asian development bank Advised Asian Development Bank (ADB) with regard to the provision of a loan facility to a leading commercial bank in Sri Lanka listed on the Colombo Stock Exchange. The scope of work included carrying out a legal due diligence, advising on the Facility Agreement and all other loan documentation and providing a legal opinion under the laws of Sri Lanka (value of transaction - US$100 million).

 

china development bank

 

China Development Bank retained the firm to advise on exchange control and taxation laws and the Sri Lankan legal framework in relation to loans to the government and private sector in Sri Lanka. (Approximate value of the transactions - US$ 500 million).

 

international finance corporation

 

Advising IFC (an international institution that offers investment to encourage private sector involvement in developing countries (a member of the World Bank Group) in relation to capital requirement, board of directors, management of the fund and dispute resolution based on the proposed structure to manage the funds in Sri Lanka.

 

mashreq bank (structured finance)

 

The provision of a syndicated multicurrency (AED and USD) facility by Mashreq Bank to Sri Lankan Airlines Limited (SLA) to the value of US$ 175 million. The facility was backed by assignments of future ticket receivables on certain identified routes. The repayment of all monies due under the said facility by SAL was guaranteed by the Government of Sri Lanka. Activities performed : we advised Mashreq Bank from a Sri Lanka legal perspective on the provisions of the transaction documents and the capacity of SAL and the Government of Sri Lanka to execute the relevant transaction documents and the Government Guarantee, and the enforceability of the transaction documents under Sri Lankan law.

 

real estate & construction

 

Pricewaterhouse Coopers

 

Conducting a Risk Survey for Price Waterhouse Coopers (Korea), a service provider in the areas of assurance and taxation in relation to laws and regulations applicable to the construction business in Sri Lanka. 

 

tata housing

 

Advising TATA Housing Development Company Limited regarding the Mixed Development Project in Sri Lanka carried out through its local entity approved under and in terms of the Board of Investment Law, i.e., One Colombo Project (Private) Limited (value of transaction - US$ 350 million).

 

restructuring & insolvency

 

aramex int ltd

 

Advised Aramex Int Ltd , an international courier and freight forwarding company on restructuring its local office. 

 

hewlett packard

 

Advised Hewlett Packard in relation to liquidation and winding up of HP entities in Sri Lanka.

 

project & infrastructure

 

china harbor engineering co. ltd

 

Acted as local counsel to the US$ 1.5 billion Port City Project, the largest infrastructure project undertaken in Sri Lanka, acting for and on behalf of China Harbour Engineering Co. Ltd. Included liaising with the Sri Lanka Ports Authority and obtaining the requisite approval from the Board of Investment of Sri Lanka and other governmental authorities in this regard. Further, drafting/perusing Concession Agreements and all other incidental agreements on behalf of China Harbour Engineering Co. Ltd. in relation to the project.

 

vitol asia pte

 

Advised Vitol Asia Pte in relation to the operation and management of the bunkering facility of the SLPA established at the Magampura Port, Hambantota. 

 

exim bank of china

 

Advising Exim Bank of China Hunan Branch regarding the Kathankudi Waste Water Project in Sri Lanka by Hunan Construction and Engineering Group including providing independent observation of procedures to be followed to obtain environmental and labour authorisation and compliance in relation to the Kathankudi Waste Water Disposal Project and the related Seventeen Roads and Bridges Project.

 

solena group & absi corporation

 

Waste Energy Power Plant established by Solena – ABSi India (Pvt) Limited, a joint venture between Solena Group and ABSi Corporation (transaction value - US$ 100 million) Retained by Solena and ABSi to assist in the establishment of a waste energy plant producing clean renewable energy utilizing patented plasma gasification and vitrification technology. The feed stock included carbon based material such as agriculture waste, industrial and municipal solid waste. In addition to advising on the applicable regulatory regime (including the approvals, concessions, permits and agreements required to be executed with the relevant government authorities / regulators, we also assisted the investors with obtaining Board of Investment approval.

 

malaysia consortium

 

Legal consultant to the Malaysian consortium appointed by the Government of Sri Lanka to design, construct and operate the Colombo Kandy Alternative Highway project on project finance basis. The work involved reviewing government policy with regard to private sector participation in the operation of Toll Roads (by the creation of a specific regulatory body for such purpose), drafting and negotiating the concession agreement to be executed with the project company and related financing documentation

 

cosco shipyard group co ltd.

 

Advising COSCO Shipyard Group Co. Ltd regarding the establishment of a dockyard in the Magampura Port a joint venture between COSCO Shipyard Group Co Ltd; China Harbour Engineering Company and the Sri Lanka Ports Authority (SLPA), inclusive of conducting a legal due diligence on the dockyard to be invested in / acquired with a view to identifying existing and potential risks and liabilities; submitting a legal due diligence report detailing our findings; carrying out research on applicable laws / regulations; and interviews with related regulatory / governmental bodies with regard to the captioned project; and providing general advice and assistance from a Sri Lankan legal perspective in relation to the implementation of the Project. 

 

world bank

 

Colombo Kandy Expressway - member of the team of legal advisors established by the World Bank for the purpose of advising the Government of Sri Lanka on amending the prevailing regulatory framework in Sri Lanka to accommodate a Public Private Partnership for the development and operation of the

 

Colombo -Kandy Highway.

 

consortium of local & foreign investors Construction of a 15 MW thermal power generation facility on a project finance basis to supply electricity to the Jaffna Peninsula in the Northern part of the Island. Included advising and negotiating project documentation (including finance and security agreements) for a consortium of local and foreign investors with the Ministry of Finance and Planning, the Ceylon Electricity Board and the Public Utilities Services Commission of Sri Lanka.

 

national water supply & drainage board

 

Project to set up a Water Treatment Plant [40 MG/d] on the Right Bank of the Kelani River on Build Operate Transfer basis, by a foreign entity. Included identifying and formulating the risk matrix associated with the project; advising and structuring the transaction to make the project commercially feasible and attractive to foreign and local commercial lenders to invest on a project finance basis, while balancing the legal and commercial interests of National Water Supply & Drainage Board and Government of Sri Lanka; ensuring a reliable water supply system from the Plant to the Colombo North area.

 

asian development bank

 

Strengthening the Regulatory Framework for Water Supply and Sanitation Project in Sri Lanka Main project features: Reviewing and drafting suitable legislation to enable the Public Utilities Services Commission to regulate and audit certain specified activities of the National Water Supply and Drainage Board.

 

labour, employment & immigration

 

tesco

 

Advising Tesco International, the world renowned supermarket chain on restructuring of human resources attached to the Sri Lankan office as a part of its group structure.

 

archer daniels midland group

 

Advising Archer Daniels Midlands Group, an American global food-processing and commodities-trading corporation in relation to restructuring of their operations in Sri Lanka.

 

zte corporation

 

Advised ZTE Corporation, one of the world’s leading providers of telecommunications equipment and network solutions, in relation to disciplinary procedures, termination processes and its implications in terms of employment laws and regulations in Sri Lanka.

 

microsoft 

 

Advising Microsoft International on the restructuring of its human resource management in Sri Lanka at a group level.

 

google inc.

 

Advised Google Inc. on its international guide for a select list of countries, regarding rules and restrictions related to supplier relationships (temporary workers, vendors and contractors), with a high level overview of the difference between employee and independent contractor; providing a summary of the determining factors that a local court or governmental authority would consider.  

 

tata india

 

Advised TATA India with regard to applicable employment laws and regulations specific to the construction industry, employment of expatriates, and advising on drafting agreements relating to engagement of expatriate workers in Sri Lanka.  

 

j i c a 

 

Advised JICA Sri Lanka office with regard to leave entitlement under Sri Lankan Employment laws and regulations. admiralty & shipping steamship mutual Legal counsel and local legal correspondent for Steamship Mutual, in relation to admiralty disputes concerning their members. ice futures u.s inc.

 

Advising ICE Futures U.S. Inc on warehousing operations

 

in Sri Lanka in relation to the importation of cotton. nippon express (south asia and oceania) Advised Nippon Express (South Asia and Oceania) Pte Ltd. on the establishment of a branch office in Sri Lanka.

 

dong do marine

 

Acting as legal counsel for Dong Do Marine on admiralty disputes with competent claims. 

 

taung gyi star pte. ltd 

 

Acting as legal counsel for Taung Gyi Star Pte. Ltd in relation to admiralty disputes.

 

caspineftgaz

 

Acting as Legal counsel and local legal correspondent for Caspineftgaz Ltd, on admiralty disputes. 

 

financial services regulatory 

 

jp morgan

 

Advising JP Morgan on anti money laundering laws in Sri Lanka.

 

merill lynch bank of america

 

Advised on behalf of Merril Lynch Bank of America on derivative transactions.

 

hsbc 

 

Advising the Hongkong and Shanghai Banking Corporation on notes and warrants programme.

 

hitachi 

 

Acted on behalf of Hitachi regarding the proposed acquisition of Interblocks Holdings Pte Ltd, a Singaporean holding company which provides service delivery solutions for global banking, financial services and telecom markets, and its subsidiaries (the “Group”) inclusive of carrying out a due diligence on local entities of the Group, providing a report thereon and advising on applicable local laws and regulations. 

 

ernst & young

 

Advising E&Y on behalf of Asian Paints Limited, in identifying compliance obligations under different areas of laws and regulations, such as company secretarial, environment and establishment, health and safety, employment, forex and export-import prevailing in Sri Lanka and identifying gaps in compliance.

 

M&A

 

aia

 

Advised and acted for American International Assurance Company Limited (AIA) in its recent acquisition of Aviva NDB (value of transaction US$ 106 million).

 

LafargeHolcim

 

The merger of the Lafarge and Holcim entities in Sri Lanka pursuant to the global merger of these entities, and the sale by LafargeHolcim of its shares in Holcim Lanka Limited (value of transaction US$373 million).

 

pernod ricard

 

Advising and acting for and on behalf of Pernod Ricard with regard to the acquisition of excise licenses held by Autogrill Lanka Ltd., a local company engaged in the distribution of wines and spirits, for the purpose of establishing a wholesale and retail network for the distribution of Pernod Ricard products in Sri Lanka. Included advising on regulatory approvals and relevant agreements.

 

competition & antitrust

 

LafargeHolcim

 

Advised on behalf of Holcim Group regarding the merger of Holcim and Lafarge and its impact on the respective Sri Lankan entities in relation to competition law and minority protection laws in Sri Lanka.