Japan

Japan Offshore Wind

Japan Offshore Wind

Skowronnek & Bechnak have chosen Japan as the country to support in its offshore wind development. There are two main reasons for this decision, one commercial and one personal. The commercial reason is that we consider Japan as the country with the most challenging natural catastrophe risks exposure and believe that if we are able to assist Japan with finding the right answers for risk allocation and insurability, then we might also be able to find the answers for other (not only Asian) countries developing offshore wind. The personal reason is that we are looking up to Japanese people and their achievements with great admiration and wish to contribute to the Japanese offshore wind development as a matter of showing personal respect. 

 

We have been visiting Japanese offshore wind stakeholders for some three years and opened a representative office in Tokyo in September 2019 to be closer to our Clients, Lenders and interested parties.


In December 2020, we established a Japanese Co. Ltd. company Skowronnek & Bechnak Japan 株式会社 to be able to work in fully Japanese environment and under Japanese laws.


In particular, we focus on addressing the future insurability of offshore wind projects with respect to insurance capacities being available for: 

 

  • Typhoon 
  • Tsunami 
  • Earthquake and 
  • Lightning strike (including “winter” lightning strike which is peculiar to Japan) 
  • Cable damage and serial loss 

 

We are happy to answer any questions you might have and will be delighted to welcome you at our Tokyo office located at the Shiroyama Trust Tower 27th floor, Toranomon, Minato-ku. 

 

For further queries, please address us per email at ralf.skowronnek@sbadvisors.de and barbora.bechnak@sbadvisors.de or call us at 03 5403 4825 (Tokyo landline). 

Skowronnek & Bechnak Japan 株式会社


Following upon the opening of the Tokyo office in September 2019 and the trustful relationships with Japanese Offshore Wind stakeholders we have successfully established, we have decided to open a Japanese company to be closer to our Japanese Clients and Lenders.

 

The principle advantage for Japanese partners is the possibility to work and receive risk and insurance advisory services within a fully Japanese context provided under the laws of Japan and being subjected to Japanese jurisdiction.

 

As part of our risk and insurance advisory services, we specialize in Japanese Insurance Act and its application and interpretation in the context of Offshore Wind insurance policies and claims management process. In this respect we continuously update our knowledge with Japanese counterparts and follow closely the Japanese Offshore Wind legislative framework development. Our risk and insurance advisory services are complementary to those provided traditionally by insurance brokers.

 

We also strive to provide new solutions for insurability of Japan specific Offshore Wind risks, including the risks of typhoon, tsunami, earthquake and lightning strike and monitor the development of governmental regulations imposed upon wind farms affected by these events. In particular, we raise the Clients´ awareness of losses which are not insurable or difficult and costly to insure, such as e.g. the risk of soil liquefaction or provide alternative solutions against losses which are insurable but generally subject to a longer waiting period during which Clients do not receive indemnification. These include e.g. the requirement of shutting down the wind turbine hit by a lightning strike which consequently cannot generate electricity, and where indemnification is subject to a deductible of generally not less than 2 months and which is eventually not indemnified by insurance in the absence of a physical loss affecting the turbine.

 

Being fully immersed in the Japanese Offshore Wind legislative framework enables us to provide Clients with Japan compliant and yet innovative risk prevention, minimization and insurance concept proposals.

 

Our entire Japanese specific Offshore Wind knowledge is equally provided for the benefit of Lenders when we act as Lenders Insurance Advisors for Japanese offshore wind farms under development or during re-financing process. Our country and geographical region specific knowledge secures the interest of Japanese Lenders and Investors by our insurance and insurability focused scrutiny of Japan specific (additional) risk, technical, environmental and contractual exposure and its control and minimization by insurance coverage underwritten on an adequate Japan specific insurance policy wording and additional necessary safeguarding mechanisms.

Lenders Insurance Advisory


Skowronnek & Bechnak have 6.5 GW internationally recognized expertise in performing Lenders´ Insurance Advisory for Renewable Energy and Infrastructure projects. The LIA due diligence that we perform is based on our review of insurance policies taken out for construction and operational phases and their compliance with project contracts, such as Turbine Supply Agreement (TSA), Operations/ Service and Maintenance Agreement (OMA/SMA), Balance of Plant Contract (BoP) and Power Purchase Agreement (PPA) on the project side and Facility Agreement (CTFA) on the Lenders´ side. Wherever permitted, we go further than listing the facts that we have found and describing their status and consequences. We endeavor to propose an amendment and assist with drafting relevant passages in the contracts reviewed and adjusting parameters of insurance policies, including their actual wording. We further intend to share lessons learnt on how to better secure Lenders´ interests against Events of default. 

 

We pay particular attention to Japan-specific risks, including: 

 

  • Typhoon 
  • Tsunami 
  • Earthquake and 
  • Lightning strike (including “winter” lightning strike) 
  • Cable damage and serial loss 

 

and engage in detailed review of documents and information provided by Technical Advisors, including Lenders´ Technical Advisor to evaluate the adequacy of the EML in the insurance policy. 

 

The process starts with reviewing the relevant documents and issuing a “red flag” preliminary report with first findings. Depending on the stage of contractual negotiations, we propose amendments and summarize those in subsequent versions of the preliminary report which also contains further passages on additional documents reviewed and recommendations arising out of our review. The outcome of the insurance due diligence process is a report which provides an overview of the documents and insurance policies reviewed, including benchmark against projects of comparable parameters and size and insurance premium projections. Every final report contains our recommendations and conclusions. 

 

Particular attention is given to compliance with Lenders´ requirements with respect to clauses, to avoid any potential breach of contract which would affect Lenders, and the necessary scope and level of insurance coverage which should correspond to the highest international standard. The expertise that we posses comes from more than a decade of personal engagement with due diligences and familiarity with aspects of the technology chosen and regulatory framework of the countries where we perform our services. We are well-versed in reading and evaluating technical reports, financial projections and contracts as well as supportive legal opinion and during the LIA process cooperate closely with the LLA, LTA and LFA. 

 

We have successfully advised Clients in a number of acquisitions and re-refinancing transactions and the reports that we have drafted were praised for their clarity of facts presented and potential pitfalls that we have uncovered and helped avoid. We have performed LIA due diligences for Clients or assets located in Germany, UK, Denmark, Taiwan and Japan. Our present focus is on Western Europe and Japan, where we have collaboration partners to ensure having relevant background with respect to regulatory and liability regimes. 

Cooperation with MST Risk Consulting


In Japan, we collaborate with MST Risk Consulting, a highly reputable Japanese insurance broker with excellent knowledge and portfolio of renewable energy projects, wishing to deepen their knowledge and expertise in offshore wind to be able to support their also in this new fast growing area. We are very proud of our collaboration and consider the open exchange with our Japanese counterparts as highly beneficial, supporting the Japanese industry by addressing the right “offshore wind insurance” questions and giving us personally the opportunity to get immersed in the Japanese insurance world, its customs and specifics.


The areas of support that we are providing to Japanese Clients, include the following:


  • Offshore Wind (including Floating) risk allocation and risk matrix insurability workshops
  • Risk and insurance contractual passages drafting
  • MWS scope of work and MWS insurance clause negotiation
  • Underwriting submission (information to be presented to insurers)
  • Negotiations with Japanese and international insurers, including presentation of new technologies
  • Claims handling
  • Offshore Wind workshops


We are happy to answer any questions you might have and trust to have the necessary local presence and offshore wind expertise to support your Offshore Wind Project.

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