Data centres - The power to compute
Unlocking value across the data centre lifecycle
As the Asia-Pacific data centre sector enters a new phase of growth, demand is no longer the main challenge facing developers and investors.
Access to power, land and connectivity now sits alongside capital availability as a central determinant of project viability and, in some cases, these factors are more relevant than capital.
Simultaneously, local regulation, geopolitical stress and public and political concerns are becoming increasingly important to the development lifecycle.
Our recent data centre event, Data Centres: Deconstructed, in Singapore brought together key stakeholders to discuss the challenges for the next phase of growth across the region.
Five themes emerged from those conversations.
The rapid growth of AI and cloud workloads is increasing demand for larger and more energy-intensive data centre campuses. In many markets, the limiting factor is no longer identifying customer demand; it is securing the power, land, and infrastructure needed to deliver capacity at scale.
Developers are now considering energy strategy, site control and permitting much earlier in the project lifecycle, resulting in a more integrated development model.
Data centre projects can no longer be assessed purely by reference to real estate, construction or customer offtake. Successful projects increasingly require a coordinated approach to all of these considerations.
This is particularly important for larger campuses and projects located outside traditional metro areas, where power and land may be more available, but supporting infrastructure require careful management. In more populated areas, community concerns and perceptions and, in some cases, adverse media and political scrutiny will demand specific approaches to consultation, engagement and design.
Data centre investments in Asia-Pacific are increasingly structured around platforms, joint ventures and multi-asset pipelines rather than single-asset acquisitions.
This reflects both the scale of capital required and the fact that no one participant will always control all of the elements needed to deliver a project.
As a result, transaction structures need to address the different capabilities and risks of each project participant.
These issues are particularly acute in developing markets, where regulation and local partner requirements can materially affect transaction risk. Asset-specific diligence remains essential, especially for platform transactions involving projects at different stages of maturity. Grid connection milestones, customer contract termination rights, permitting status, construction risk and valuation assumptions can vary significantly across the same platform.
For investors, the legal structure is therefore not simply a wrapper around the commercial deal. It is a central part of value creation and risk management. A robust structure should anticipate changes in funding requirements, regulatory conditions, customer demand and partner alignment over the life of the project.
Financing structures are evolving as data centre projects become larger and more technology intensive. Traditional project finance concepts remain relevant, but lenders are increasingly looking beyond the physical asset and the construction programme.
Lenders and investors are focused on everything from tenant credit quality to termination rights and performance risk. Contracts that appear commercially attractive may still face financing challenges if they do not provide sufficient certainty around revenue, termination exposure, regulatory compliance, or cost recovery.
The emergence of AI infrastructure and GPU-based business models adds further complexity. Financings involving high-value technology assets involve additional risks that are pushing the market towards more tailored financing protections.
The capital stack is also becoming more diverse. Matching the right source of capital to the right stage of an asset’s life will be increasingly important, particularly where projects move from development risk to stabilised operating cash flows.
Regulation is becoming a more significant driver of data centre strategy across Asia Pacific from foreign investment rules to data localisation and critical infrastructure considerations, can all influence where and how projects are developed.
The regulatory environment is also expanding beyond traditional infrastructure issues. Export controls, sanctions, compute regulation and restrictions on advanced chips or AI-related services can affect customer eligibility, supply chains, service delivery and the bankability of customer contracts. As regulation moves from hardware to compute and related services, contractual risk allocation needs to evolve accordingly.
This has practical implications for project documents. Market practice is still evolving (and will likely continue to operate across a spectrum even after further maturity); parties are increasingly looking for mechanisms that preserve commercial flexibility while giving lenders and investors appropriate downside protection.
Cross-border platforms should build regulatory resilience into their structure from the outset and ensure it can adapt to rapid changes in law, political risk and evolving policy priorities across multiple jurisdictions.
Community and political scrutiny are now a critical development consideration for every data centre.
Developers and investors need to approach stakeholder engagement as part of the core development strategy rather than as an afterthought. Early engagement reduces risk and improve alignment between project delivery and economic or environmental objectives.
Sustainability considerations are commercially significant. In some markets, the ability to demonstrate credible sustainability credentials may affect whether a project can proceed at all.
The practical point is that social acceptance and sustainability are not soft issues. They can affect valuation, timelines, and long-term operational risk. In a more constrained market, the ability to demonstrate credible community, sustainability and regulatory alignment will become a competitive advantage.
The next phase of growth in the Asia-Pacific data centre sector is likely to be defined less by demand and more by execution.
Capital will remain important, but it will not be the only solution – in some cases, it will not even be the most important consideration.
The projects that succeed will be those that can integrate solutions for power, financing, regulation, customer contracting and community permission into a coherent development strategy.
The discussions reinforced that data centres are now a strategic infrastructure asset class sitting at the intersection of technology, energy, real estate, finance and regulation. For market participants, this creates significant opportunity — but also a need for more sophisticated structuring, diligence and risk allocation across the full project lifecycle.
Partner, Head of M&A, Asia, Singapore
Partner, Singapore
Partner, Head of TMT, Asia, Singapore
Partner, Head of Private Capital, Asia, Singapore and Hong Kong
Partner, Head of Infrastructure Sector, Asia, Singapore
Partner, Singapore
Partner, Singapore
Partner, Singapore
Partner, Singapore
Of Counsel (Australia), Singapore
Senior Associate (Australia), Singapore
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026
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