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 is a Partner in the Firm's Energy, Infrastructure and Project Finance practice based in Hong Kong and leads the Firm's Global Mining and Metals Industry Group.

John has over 25 years' experience as a project development and M&A lawyer, working principally for sponsors and sponsor consortiums. He has advised sponsors on consortium arrangements, investment agreements with host governments (including fiscal stability arrangements), project development and cross border M&A transactions.

John has particular expertise in the energy and resources sector, including time as in house counsel. This 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 Australia, Papua New Guinea, Timor-Leste, India, Eritrea, Senegal, Zambia, Madagascar, the Democratic Republic of Congo, Mongolia, Peru, Brazil, the United States and Canada.

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 and associated infrastructure in Peru from Glencore plc. This deal won "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.

Tenke Fungurame Copper Mine

Representation of a bidder for Freeport-McMoran's controlling stake in the Tier 1 Tenke Fungurame Copper Mine in the Democratic Republic of Congo.

Ciner

Representation of Ciner on two transactions, including the acquisition of a controlling interest in the OCI Wyoming soda ash business.

InterOil Corporation

Representation of InterOil Corporation on the US$3.6 billion sale of the Pacific LNG project in Papua New Guinea, involving advice on the sale process, preparation of the bid document package for bidders and leading negotiations with one of the unsuccessful bidders.

Aquila coal assets*

 Representation of a bidder for the Aquila coal assets, including related project issues covering access to rail infrastructure and participation in the WICET Coal terminal development agreements.

Gladstone LNG Project*

Representation of Santos Ltd in relation to gas field, pipeline and LNG processing facility development issues relating to the Gladstone LNG Project (a coal seam methane to LNG project located in Queensland, Australia with estimated 3 mtpa LNG output), the sale of a 40 percent (US$2.5 billion) interest of that project and related pipeline infrastructure and upstream tenure to PETRONAS and later sales to Total (15 percent, A$650 million) and KOGAS/Total (15 percent, A$665 million) and consortium arrangements in relation thereto.

Bonaparte gas fields*

Representation of Santos Ltd on the sale of 60 percent of its interest in the Bonaparte gas fields (Petrel, Tern and Frigate) to GDF Suez and formation of a joint venture for a floating LNG project.

Dampier Bunbury natural gas pipeline*

Representation of lead arrangers of A$1.755 billion acquisition finance facilities for the DUET/Alcoa/Alinta consortium's acquisition of the Dampier Bunbury natural gas pipeline, in Australia, including advising on existing and new foundation gas transportation contracts and regulatory issues in relation to the operation and expansion of the pipeline.

State of Victoria energy privatisation program*

Advising multiple parties during the State of Victoria energy privatisation program including acting for the State of Victoria on the sale of the Western Underground Gas Storage project and Century Aluminum on the acquisition of the interest of the State of Victoria in the Portland aluminium smelter.

Tampakan copper project*

Representation of WMC Limited and subsequent owner Indophil Resources in relation to major project development issues connected to the Tampakan copper project (located in Southern Mindanao in the Philippines).

Girilambone copper mine*

Representation of the project sponsors for the US$25 million project financing and project development of the Girilambone Copper mine, a 14,000 ton per annum SX/EW copper project in central New South Wales.

*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