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Ean MacPherson

Ean S. Mac Pherson

Partner
Baker & McKenzie (Gaikokuho Joint Enterprise)

Biography

Ean Mac Pherson is a partner of the Finance & Projects Group and a co-head of the Renewable and Clean Energy Group in Tokyo.

As the co-head of the Renewable and Clean Energy Group, he regularly presents at leading industry conferences. Together with his fellow Tokyo office partners, he has published regular newsletters and updates on Japanese renewable energy law changes to help guide foreign companies investing in the Japanese market. He is particularly active in offshore wind industry conferences and events, and he has issued a number of detailed publications on the development of this sector in Japan.

Prior to joining Baker McKenzie's Tokyo office, Ean worked for the litigation and arbitration practice group in the Baker McKenzie Bangkok office between 1995 and 1998 and the major projects/corporate practice group at Baker McKenzie Sydney office between 1999 and 2003.

Whilst working in the Baker McKenzie Sydney office, Ean was seconded to act as Australian General Counsel for the Australian division of a major Japanese trading house with extensive interests in the Australian mining, forestry, commodities trading and energy sectors.

During his time in the Baker & McKenzie Tokyo office, he spent three years on part time secondment to one of Japan's largest power utilities.

Practice Focus

Ean's practice focuses on conventional and renewable energy power projects (including offshore wind, solar and biomass), resources acquisitions, joint ventures, major projects and corporate work.

He has worked closely with Japanese companies investing in power projects outside Japan. He has also acted for leading Japanese utilities and trading houses investing in mining and oil & gas projects outside Japan.

Following the introduction of the Japanese renewable energy feed in tariff regime in 2012, he has acted for a large number of foreign renewable energy investors to acquire, develop, finance and construct renewable energy projects in Japan.

With the recent growth in offshore wind projects in Japan, Ean has advised a number of leading global offshore wind developers on their entry into the Japanese market. He also works with foreign companies entering the Japanese retail electricity market, including acting for the first foreign retailer to obtain a license to sell retail electricity in Japan.

Representative Legal Matters

  • Acted for a global offshore wind developer in its entry into the Japanese market.

  • Advised a leading foreign renewable energy company on the development of a Japanese offshore wind project.

  • Acted for a US electricity retailer which was the first foreign retailer to obtain a retail license in Japan, including assisting on their establishment, retail license and electricity supply arrangements in Japan.

  • Acted for a foreign electricity wholesale company to establish its trading operations in the Japanese market.

  • Acted for a US smart grid operator which will provide cloud based smart grid services to a major Japanese utility. 

  • Acted for a European EPC contractor on the acquisition and EPC contracts for a 20 MW project in central Japan and an 800kw solar project in Kyushu.

  • Acted for a foreign IPP company on its acquisition and development of a 22 MW solar project in Northern Japan.

  • Acted for a foreign solar project company in its acquisition of a 25 MW project in Fukushima, Japan.

  • Acted for a foreign solar project company on the acquisition of a 200MW portfolio of solar project development rights in Japan 

  • Acted for a foreign company in the structuring and agreements for a 10MW solar power project in Hiroshima, Japan.

 

Professional Associations and Memberships

Tokyo Bar Association - Member

Admissions

  • Japan (Attorney at Foreign Law)~Japan (2009)
  • New South Wales~Australia (1999)

Education

  • University of Sydney (LL.M.) (2003)
  • Australian National University (B.A. Asian Studies/Thai) (1994)
  • Australian National University (LL.B.) (1994)

Languages

  • English
  • Japanese
  • Thai

Previous Offices

  • Bangkok
  • Sydney

Publications

Client Alert  - "New Wheeling Change on JPY 40, 36, 32 and 29 FIT rate Solar Projects, with no adjustment measures” September 2019

Client Alert  - "11 Zones Shortlisted for Japanese Offshore Wind Projects” August 2019

Client Alert  - "New METI deadlines for 29 and 27 yen FIT solar projects and new national EIA requirements for solar projects of 40 MW or over” June 2019

Client Alert  - "Public comment results announced on the guidelines for selection of promotion areas and operation guide for Japanese offshore wind project auctions” May 2019

Presentations

Co-speaker "Global Markets Theatre - New Offshore Wind Promotion Law in Japan and Auction Update" Global Offshore Wind 2019, London, UK, June 2019.

Co-speaker "Learning from Markets around the World - the Asian Region" Global Offshore Wind 2019, London, UK, June 2019.

Speaker “Lessons from Japan’s FIT Scheme and Practical Issues for Foreign Investors” Offshore Wind Power Japan pre-conference workshop, Tokyo, Japan, May 2019.