Haydn Dare

Haydn is Foster's Foreign Counsel in the Energy, Shipping and Natural Resources Practice Group. With more than three decades of experience working in Indonesia as international counsel with several major Indonesian law firms affiliated to prominent global law firms such as Herbert Smith Freehills Kramer and Holman Fenwick Willan, Haydn has acted for international investors entering the Indonesian market and advised leading multinationals on numerous high-profile cross-border and project-related transactions, strategic corporate actions, complex project development, mergers and acquisitions, corporate finance, project finance and joint ventures. This includes advising global investors exploring the Indonesian market on investment structures, local solutions, transaction terms, regulatory issues, formation of partnerships with local companies and exit strategies, including contentious matters related to arbitration proceedings in the mining and natural resources sectors.

In particular, Haydn has extensive experience in the natural resources and energy sectors and was the trusted long-term legal advisor to many participants in these highly regulated sectors in Indonesia. Haydn's diverse client base range from domestic enterprises, large state-owned conglomerates, government-related entities, financial sponsors, global financial services institutions to market-leading multinational corporations that operate in a wide variety of industries such as mining, energy and natural resources, financial services (including investment banks, commercial banks, insurance and private equity), consumer goods, trading and FMCG, manufacturing, construction, infrastructure, telecommunication, healthcare and pharmaceutical. Haydn’s sharp business acumen allows him to understand clients’ core business needs while remains abreast of investment and regulatory trends in these dynamic and multifaceted industries.

Over the course of his career, his clients have included International Finance Corporation, Tata Power, Engie Energy International (formerly International Power), Tata Consulting Engineers, Newmont Mining Corporation, Sumitomo Corporation, BHP, Commonwealth Bank of Australia, Macquarie Bank, Manulife, AXA, Zurich Life, Malakoff, GMR Energy, Thiess, Berau Coal Energy, Essar, Mitratel, Mayne Pharma, PT Antam, PT Indo Muro Kencana, PT Newmont Nusa Tenggara, QBE Insurance Group, and many other companies in Asia, Europe and the United States.

Among mega projects in which Haydn was a lead transaction counsel, Haydn acted for Newmont Mining Corporation and Sumitomo Corporation for more than 20 years, when he advised on the financing and construction of the Batu Hijau copper and gold project and all related infrastructure including a power station, until he acted on the sale of that project to PT Amman Mineral Internasional. During that 20-year period, he advised on all aspects of Newmont’s and Sumitomo’s operations in Indonesia, including advising on several tranches of divestment under the Contract of Work, the financing of operations, regulatory, compliance and environmental issues.

In other significant long-term mandates that demonstrated the clients’ trust in Haydn’s expertise, reputation and credibility, Haydn acted for BHP on the IndoMet Coal Project for more than 14 years. During that period, Haydn advised on all aspects of operations, including regulatory compliance, environmental issues, and divestment obligations. Haydn also advised on the joint venture with Adaro Energy and the ultimate sale of the project to Adaro Energy, and, from 2006 to the present, has been advising Tata Power Company on all aspects of its investments in coal and infrastructure projects in Indonesia with Bumi Resources and Baramulti as well as Tata Consulting Engineers on various mineral processing projects.

Haydn has been a key legal adviser on a wide range of noteworthy corporate transactions, strategic investments and project finance. These include advising:

· BHP on its joint venture with Adaro Energy and all aspects of the development and construction of the significant IndoMet metallurgical coal project Kalimantan, Indonesia and the subsequent sale of that project to Adaro Energy.

· Tata Power on the US$1.1 billion acquisition and financing of a stake in Bumi Resources Indonesian coal mining operations including on supply/offtake arrangements, which at the time was the largest ever natural resources M&A project in South East Asia.

· Tata Power on the acquisition and subsequent listing on the IDX of PT Sumber Energi Andalan Tbk.

· Tata Power on the sale of PT Sumber Energi Andalan TBK and its stake in PT Arutmin.

· GMR Energy on the acquisition of its 30% stake in Golden Energy Mines, including on supply/offtake arrangements, the listing on the IDX and the subsequent technical listing on the SGX.

· Newmont Mining Corporation and Sumitomo Corporation on the financing and construction of the US$2 billion Batu Hijau gold and copper mine and associated facilities in Indonesia including a power plant.

· Tata Power on the project financing for its US$1.1 billion acquisition of a 30% stake in Bumi Resources Indonesian coal mining operations.

· PT Newmont Nusa Tenggara on the project financing of the US$2 billion Batu Hijau gold and copper mine and associated facilities in Indonesia.

· ANZ on the project financing of Austindo’s Cibaliung gold mine in Indonesia.

· PT Antam on the project financing of the expansion of the Gunung Pongkor gold mine in Indonesia.

· International Finance Corporation (IFC) on the project financing of industrial and hotel development projects in Indonesia.

· International Power (now Engie Energy International) on the acquisition of the Paiton power station in Indonesia.

· Macquarie Bank on the acquisition of interests in Indonesian oil and gas production sharing contracts.

· BHP on forestry land usage, port and infrastructure sharing arrangements in Indonesia.

· BHP on the proposed development of the Kalimantan Coal Rail Project.

· PT Antam on a nickel joint venture with BHP Billiton.

· Thiess on the structuring of its Indonesian operations.

· Berau Coal Energy on the acquisition of transhipment vessels.

· Mitratel on negotiating a joint operation agreement with Telkom, and the project financing and construction of its telecommunications business in Kalimantan, Indonesia.

· PT Indomura Kencana on the construction and financing of the Mount Muro gold mine inIndonesia.

· Malakoff on a bid for two 100 MW coal-fired power plants in Sumatra, Indonesia.

· Mayne Pharma on its investment in hospital projects in Indonesia.

Haydn’s capabilities transcend beyond the energy, mining and natural resources industries. In the financial services sector, Haydn was instrumental in advising prominent transnational insurance companies on the execution and completion of their strategic corporate actions and initiatives, such as Commonwealth Bank of Australia on the reorganisation of its Indonesian operations and compliance issues, AXA on the establishment of bancassurance (bank insurance model) operations in Indonesia, Marsh on acquiring brokerage businesses in Indonesia and on the reorganisation of its Indonesian operations, Manulife on the reorganisation of its Indonesian operations, and also Zurich Life in relation to the divestment of its Indonesian operations and subsequent re-entry to the Indonesian market.

Haydn is well-known among the clients for his ability to structure and negotiate complex deals in a practical and business-oriented manner, and lead them to successful conclusions. He understands that legal challenges can interrupt companies' foci from their core business activities, for which he skillfully crafts precise solutions that enable his clients to retain energy and focus for business management and development, offering technically assured, measured and commercially weighted advice that facilitates clients’ businesses, combining international best practice with the specific requirements of local laws.