Team size: 16

Key team members: Dinasti Brian Harahap, T. Anggrasyah Reza, Nurana Sekar Lestari, Grace A. Bethesda, Nancy Indra

What are the most significant cases or transactions that your legal team has recently been involved in?

The legal team lead the vendor due diligence, preparation of transaction documents, and closing of a $200 million equity fundraise from international institutional investors. We also took a leading role in NWP’s venture into the warehouse and logistics business, as well as the joint venture with CRE Asia. In this transaction, the legal team acquired land, negotiated, reviewed and drafted a built to suit (BTS) construction agreement and lease agreement with a global logistics company for a long-term lease; managed due diligence of various Indonesian companies to form part of the onshore and offshore warehouse and logistics business structure; and engaged in various capital calls and sequenced fundraising to expand and develop the portfolio group of companies holding real assets in various locations in Indonesia and Singapore.

Assisted by external counsel for the due diligence and preparation of transaction documents, the team led and managed the simultaneous acquisition of five malls as well as the strategy and resolution of all issues found during due diligence. In addition, we also closely collaborated with the investment team during commercial negotiations.

We participated in various acquisitions of operating malls all over Indonesia. Aside from the voluminous sale and purchase aspect of the transaction, NWP Property had to structure various agreements and documents as ensure the compliance of various licensing and regulatory requirements to protect the project company’s day-to-day operations post-acquisition, as well as its relationship with the complex manager and other relevant parties within the mix-use complex. As the transaction was an asset-based acquisition, NWP Retail legal team had to independently manage the novation process of more than 300 tenancy agreements and 300 strata title assets with relevant tenants.

Could you share an example of a time when you came up with an innovation that improved how your legal team works and did not come at a large expense?

The aforementioned transaction was structured in a way that was legally efficient and led to a reduction in the use of many security documents typically required from the lenders. According to external counsel, this was considered as a pioneering method for corporate borrowers that did not invalidate the interests of lenders.

The team also focuses on taking efficient settlement approaches during dispute resolution cases to avoid a prolonged legal battle in court as well as court of appeal stages.

Apart from legal matters, has the team worked on other company initiatives?

We always push for diversity and inclusion. Currently, the NWP team members are predominantly female.

One of the members of the legal team is a founding member of Hak Asasi Perut, a charity platform established in 2020 to support the basic principle that every human deserves the right to a meal. She consistently reminds the legal team to partake in charitable cases in order to support and serve NWP retail’s community outreach.

Another member of the legal team was once a TEDx youth speaker on the topic of bullying. During her speech, she empowered the audience to show empathy for others and to speak up when they see bullying take places. She also tackled the issue of stereotypes and challenges her audience to take stand.

How does the in-house legal team contribute to the overall dispute resolution strategy of the organisation?

Although most of our cases are conducted by external counsel in court, several members of the legal team are qualified to appear in court and take a very pro-active, semi practicing role in court as well.

Our strategy is to always take the lead and focus on efficiency and quick settlement procedures where possible. However, if the counter party does not show a reasonable approach to the matter, the team is ready to ensure that legal battles are carried out in the most optimal way to win the case and maintain consistent verdicts throughout the various court of appeal stages.