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HFW: Holman Fenwick Willan

Emergency Response

Energy

Lawyers acting at every stage of the energy life cycle

Our team of transactional and dispute resolution lawyers have expertise at every stage of the energy chain, from exploration and production, storage and transportation, LNG, refining, trading and sale of oil and gas, to electricity generation, energy management, renewables and carbon trading. We advise oil companies, service contractors, investors and insurers and have an emergency response team who are experienced in advising on all aspects of any casualties or disasters that may occur.

What we do

The energy and offshore sector is one of the world's most dynamic industries and two developments in particular illustrate the need for industry specialist advice:

  • The Macondo (Deepwater Horizon) disaster, which has led to a re-examination of the nexus of liabilities among joint venturers, operators, sub-contractors, lenders and insurers; how those risks are allocated and secured under project documentation and what contingencies are in place for major incidents.
  • The development of new technologies and processing systems, particularly in relation to renewables, floating LNG, and the recovery of unconventional gas, has brought the previously neglected topic of intellectual property rights to the forefront.

Our lawyers have in-depth sector knowledge – many of them have worked in the industry – which enables us to give clear, practical and, importantly, commercially focussed advice to clients operating across the full spectrum of the energy sector. We can advise on the following areas:

  • EPC/EPIC contracts
  • Dispute resolution
  • M&A (including public and private) and equity investments
  • IPOs and capital market transactions
  • Joint ventures
  • Infrastructure/projects
  • Insurance and reinsurance
  • Oil and gas (upstream/midstream/downstream)
  • Trading (physical/financial/carbon)
  • Offshore
  • Regulation
  • Power
  • 24hr casualty and emergency response
  • Renewables

Our experience

Our experience extends across every stage of the energy chain (Click here for more information). We also provide below some examples of our recent work:

  • Advising a major investment bank on the English law aspects of and managing and reviewing cross-border aspects of local law regulations relating to the trading of oil in over 45 jurisdictions.
  • Represented the commercial bank lenders in connection with the JBIC and commercial bank US$1.87 billion financing of LNG Trains 7 and 8 as part of the expansion of the LNG facilities in Bintulu, Sarawak, Malaysia.
  • Advising the Hellenic Republic on the privatisation of the Greek state-owned gas supply and transmission companies (ongoing).
  • Advising on all aspects of an EPC offshore project for a European Operator's Arabian Gulf based subsidiary, for the design fabrication transportation installation and commissioning of new offshore platforms and ancillary pipelines. This covered all aspects from initial tender documentation, contract terms and operational documentation including design approvals process. We also advised during the operational phase covering contract variations and issues of title to completed structures, cost overruns and contractor delay through to commissioning and final acceptance.
  • Negotiating the settlement of a disputed US$80m insurance and reinsurance claim arising from an explosion on a North Sea production platform. This claim involved proceedings in Bermuda and London.
  • Advising a Middle Eastern oil company in relation to the construction of an export terminal for petrochemicals for an Asian energy conglomerate.
  • Acting for a European heavy lift contractor in connection with a general audit of all their contracts including several EPC contracts for offshore installation and construction projects worldwide including review of onshore infrastructure contracts as well as decommissioning provisions and the contracts dealing with the provision of heavy lift and other marine and subsea service.
  • Advising a US trader in respect of renewable energy including sustainability criteria for bio mass feedstock to be imported into UK. This included working closely with the UK and EU regulators on issues such as interpretation of statutory language and the use of genetically modified crops.
  • Representing the senior lenders on the US$750 million financing for Rayong Electricity Generating Company, for its 1210 MW gas-fired combined cycle plant at Rayong, Thailand.
  • Negotiation and conclusion of farm-in to a minority interest in Iran, including complex arrangements between co-venturers advising on conditions precedent when funding was withdrawn due to enhanced US pressure on investors in Iran.
  • Loss of the world's largest oil platform "P36" off Brazil - double insurance claims.
  • DSU and property coverage claims in relation to pipelines in Ecuador and Bolivia.
  • Advising on contractual matters in connection with engineering procurement and construction contracts forming part of a $5bn development of an offshore facility, entered into by a Middle Eastern subsidiary of an independent European oil and gas company. Following the project through from tender process, contract and covering issues arising during construction, installation and delivery as well as cost over-run, delay, termination issues and contractor insolvency.
  • Subrogation claims in relation to serious spillage and contamination from a storage facility in Portugal.
  • Coverage and liability claims in relation to pollution and clean up following pipeline damage offshore in Tunisia.
  • Control of Well coverage dispute following blow out offshore in Vietnam.

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