Nippon Steel Corporation: Investment in Blackwater Coal Mine in Australia
Nishimura & Asahi advised Nippon Steel Corporation [TSE: 5401] on its acquisition of a 20% interest in the Blackwater coal mine from Whitehaven Coal Limited [ASX:WHC], an Australia-based coal miner.
The Nishimura & Asahi team advising Nippon Steel was led by partners Madoka Shimada and Adrian Joyce, and counsel Misato Fukushima.
People
Adrian has considerable experience advising lenders, sponsors and ECAs on energy, transportation and infrastructure in, Japan, APAC, the Americas, Europe, Middle East and Africa. He is recognised as a market leader for project finance and asset finance and regularly advises Japanese and international clients on the development and financing of cross-border energy, infrastructure and transportation projects. Highly regarded for his commercial acumen, Adrian is recognised in Chambers Global and Chambers APAC for “Projects & Energy: International” and “Banking & Finance: International Asset Finance” and in The Legal 500 for "Projects and Finance”, “Shipping” and “Banking and Finance” for which he is ranked as a “Leading Individual”. Recent experience includes advising sponsors and lenders on: • LNG: a large number of LNG vessel financings (20 vessels since 2020), SPAs and joint ventures; • Infrastructure: projects including five subsea cable financings in APAC and the Americas and two infrastructure projects in Japan; • Renewables: greenfield projects and project sales in Japan and APAC including solar, wind and waste to energy. • Asset finance: debt finance, restructurings, SLB, ESG and JOLCOs in the shipping and aviation sectors. Adrian attended the University of Tokyo and University of Waseda and speaks and reads Japanese.
Misato mainly engages in cross-border M&A and general corporate overseas matters. She supports both Japan-based and overseas clients who invest in various types of Japanese companies from startups to long-established businesses. She has been seconded to two Japanese companies in the energy sector, one is a fuel-trading subsidiary of a Japanese energy company in Singapore and the other is a major energy company in Japan. During her secondment, she advised on energy-related areas including electricity/gas trading and fuel trading, was involved in domestic offshore wind-power projects, renewable energy projects, and other business development projects. She advises energy companies on various matters including acquisitions, day-to-day transactions in energy-related areas, and development of new business. She also has experience supporting establishment and management of compliance systems, including advising on compliance with the Antimonopoly Act in Japan and handling whistleblowing cases.
Madoka advises clients on various matters of competition law, including domestic and international cartels, bid-rigging, M&A transactions, investigations by the JFTC, leniency applications and general antitrust law compliance. She is especially active in cross-border transactions. She has represented clients in connection with investigations into various global cartels, involving air cargo, marine hoses, TFT-LCDs, airlines, and bearings, and also in various merger-control cases, including a vertical integration between semiconductor equipment manufacturers, and major global merger transactions in the chemical and pharmaceutical industries. She has particular strength and experience handling IT-industry mega deals. Madoka is also active in advising in the international trade area, in particular, government procurement and export control. In addition, she advises on laws preventing unfair competition, including trade secret cases. She served as lead counsel to Nippon Steel Corporation in multinational trade secret litigation against POSCO (a South Korean steel company), a landmark case in this area, and successfully negotiated a favorable settlement for her client. She was a member of the Subcommittee on Unfair Trade Policies and Measures of the Industrial Structure Council at the Ministry of Economy, Trade and Industry from 2013 to 2023.