John Tivey | White & Case LLP International Law Firm, Global Law Practice
John Tivey
John Tivey

John Tivey

Partner, Hong Kong

T +852 2822 8779

T +852 2822 8700

E jtivey@whitecase.com

in LinkedIn profile

“John Tivey is widely acknowledged for his wealth of experience in the mining arena and is singled out for his ‘very practical and responsive ’ approach.”

Chambers Asia-Pacific 2014

Overview

John Tivey leads the Firm's Global Mining and Metals Industry Group.

John has over 20 years’ experience in mining sector investment and M&A including 6 years as in-house counsel for both junior and major mining houses advising on the development and operation of mining projects in Australia and Asia.

His extensive experience in mining and natural resource transactions and projects enables him to deliver sector specific guidance and solutions to clients.

John has steered clients through project acquisitions and investment reviews across the globe, including in Papua New Guinea, Timor-Leste, India, Eritrea, Senegal, Zambia, Madagascar, the Democratic Republic of Congo, Mongolia, Peru, Brazil, the United States and Canada. He has also advised Chinese state-owned enterprises on investments into the mining sector in Australia, Africa, Eastern Europe and the Americas.

Bars and Courts

  • Registered Foreign Lawyer, The Law Society of Hong Kong
  • High Court of Australia
  • Supreme Court of Victoria
  • Supreme Court of New South Wales, Australia

Education

  • Master of Laws, Monash University
  • Bachelor of Laws, Monash University
  • Bachelor of Economics, Monash University

Languages

  • English

Experience

MMG Limited-led consortium

Representation of MMG Limited and the MMG-led consortium including Guoxin International Investment Corporation Limited (22.5%) and CITIC Metal Peru Investment Limited (15%) on the US$7 billion acquisition of the Las Bambas copper project in Peru from Glencore plc. We advised MMG on the consortium shareholder arrangements, and the consortium on the M&A, HKSE approvals and financing of the acquisition (including ongoing project development costs) through a combination of equity and long-term debt facilities from a banking syndicate arranged by China Development Bank. The Las Bambas project is a world-class copper asset with prospective, near-mine exploration opportunities located in Cotabambas, Apurimac region of Peru. This transaction was named "2015 Energy & Resources Deal of the Year" by ALB China Law, "2014 Global M&A Deal of the Year, Latin America/Peru" by American Lawyer, "2014 Deal of the Year" by China Business Law Journal and "2014 M&A Deal of the Year" by Latin Lawyer.

InterOil Corporation

Representation of InterOil Corporation on a deal worth up to US$3.6 billion, involving advice on the sale process, preparation of the bid document package for the seller to send to bidders for them to bid on and leading negotiations with one of the unsuccessful bidders.

Minmetals Resources Limited*

Representation of Minmetals Resources Limited (HKSX listed) on the CAD$1.33 billion acquisition of Anvil Mining, a company dual listed on the Toronto and Australian Stock Exchanges with copper mining assets in the Democratic Republic of Congo.

OZ Minerals*

Representation of OZ Minerals on its 2008/2009 asset sale process leading ultimately to advising on the US$1.4 billion sale of assets to China Minmetals Non-Ferrous Metals Co., Ltd. and the sales of the Martabe Gold Project and other residual exploration tenure.

China Minmetals Non-Ferrous Metals Co., Ltd.*

Representation of China Minmetals Non-Ferrous Metals Co., Ltd. on the US$1.8 billion sale of various Australian and international mining assets to Minmetals Resources Limited, a company listed on the Stock Exchange of Hong Kong Limited.

Minmetals Resources Limited*

Representation of Minmetals Resources Limited with respect to the Australian aspects of its proposed A$1.65 billion takeover bid for copper producer Equinox Minerals Limited.

Indophil Resources*

Representation of Indophil Resources on the acquisition of interests in the Tampakan copper project in the Philippines (and subsequently the listing of that company on the Australian stock exchange based on its success in securing the rights to the project and negotiating an option with a major mining house), sale and joint venture arrangement with Glencore and subsequent bids for the company.

Santos Ltd*

Representation of Santos Ltd. in securing downstream facility site tenure and related project development issues for the Gladstone LNG Project (a coal seam methane to LNG project located in Queensland, Australia with estimated 3 mtpa LNG output) and the subsequent sale of a 40 percent (US$2.5 billion) interest of that project and related upstream tenure to PETRONAS and later sales to Total (15 percent, A$650 million) and KOGAS/Total (15 percent, A$665 million).

*Matters prior to joining White & Case

Speaking Engagements

"Mining Journal Mining M&A Webinar", January 2015: Mining Journal,
Hong Kong

"How can Mining Companies in Latin America attract further investment from Asia and new investment from the Middle East?", October 2014: Mining & Investment Latin America,
Lima

"Asian investment in mining in Africa and Latin America", October 2014: Annual Conference of the Internal Bar Association ,
Tokyo

"The Great Divide in Risk Appetite Across the Mining & Metals Sector", October 2014: White & Case,
London

"Assessing the Drivers Behind Chinese and Asian investment into Latin America", November 2013: Mining & Investment Latin America,
Lima

"Chinese Investment in Mining and Metals in Africa", March 2013: Standard Chartered Bank Access Africa,
Beijing

"Mining: New Challenges and Opportunities", October 2012: White & Case,
London

Publications

  • Boom, borrow, build, bust and bounce?, White & Case, July 2015
  • Deal or no deal?, Mining Journal, May 2015
  • China poised to acquire distressed assets, Mining Journal, March 2015
  • Kazakhstan push for reform, Mining Journal, February 2015
  • Patchwork options, White & Case, December 2014
  • Mining & Metals: Opportunity & Risk - From bust to boom? Positioning for the future, White & Case, December 2014
  • Mining & Metals: Opportunity & Risk - Weathering the bottom of the cycle, White & Case, December 2014
  • From Bust to Boom? Positioning for the future, White & Case, September 2014
  • Finding Your Fix, Mining Journal, August 2014
  • On the Cusp of a Boom: Investment opportunities in African natural resources, White & Case, February 2014
  • There May Be Trouble Ahead: Legal Challenges on Home Turf Threaten US Ex-Im Bank Funding for Foreign Mining Projects, Mining Journal, February 2014
  • EP III: An open pit for finance?, Mining Journal, August 2013
  • Guinea: What next for Guinea's regulation, Mining Journal, July 2013
  • Everything Old is New Again – Financing trends in the mining industry making a comeback, Metal Bulletin, July 2013
  • Glencore's Long March to Take Over Xstrata, Mining Journal, April 2013
  • Guinea Publishes Its Mining Contracts, White & Case, February 2013

Awards & Recognition

Recommended Lawyer: Projects & Energy, The Legal 500 Hong Kong, 2014

Recommended Lawyer: Projects, Energy & Natural Resources, Mining & Metals, The Legal 500 UK, 2014

Leading Lawyer, Chambers Asia-Pacific 2014, Chambers Global 2015

Energy & Natural Resources – Asia-Pacific Region

Leading Lawyer, Chambers Asia-Pacific 2014, Chambers Global 2015

Energy & Natural Resources (International Firms) – China

Leading Lawyer, Chambers Asia-Pacific 2014

Energy & Natural Resources: Mining – China