Climate change risk | Énergie et ressources naturelles
Legal Update for Energy Lawyers - May 2024
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Clyde & Co has one of the largest marine and offshore teams of any law firm and market leading global oil & gas, construction and trade practices. As such, we are one of the few firms worldwide able to provide clients with a fully integrated service across every aspect of the LNG supply chain. Our advice is underpinned by over 30 years’ experience acting for leading players in the LNG market.
Our team advises on gas exploration and production through to liquefaction, transportation, trading, storage, regasification, distribution and supply to major customers such as power stations and energy intensive industries.
We field true LNG industry specialists who can support the full range of your legal requirements globally. Many of our team have worked in-house at oil & gas, shipping and trading companies and fully understand the commercial pressures you face and the market drivers influencing your strategic decisions.
Our team has years of experience advising on offshore construction, support vessels and offshore service contracts. We also have market leading and innovative experience advising on projects involving new LNG technology applications such as floating liquefaction, storage and regasification platforms, LNG bunkering, containerised LNG and LNG-to-power solutions.
We have LNG specialists in key LNG hubs across the globe, including London, Hamburg, Dubai, Doha, Singapore, Hong Kong and Shanghai. This enables us to offer our services across a wide range of international jurisdictions, including many of the rapidly expanding and emerging but legally challenging LNG markets.
Not only do we have local LNG specialists in many jurisdictions but we also have industry experts based in our major offices. Together, our experts can manage complex global matters for substantial international businesses across the globe.
Assisting Petrobras relation to a breach of Performance Warranty by the Owners of the FRSU Experience, chartered by Petrobras. The relevant charterparty is governed by English law and we are providing advice to Petrobras on issues concerning the performance rate of the FRSU and compensation owed to Petrobras due to underperformance.
Advising owners, operators and head contractors on contract management and administration, construction claims and dispute resolution strategy in relation to a number of significant LNG plant projects around Australia, including acting for those clients in international arbitrations
Acting for the main EPC contractor in relation to onshore facilities for one of the world's largest LNG projects, involving strategic advice and input in relation to multiple claims and disputes, including international arbitration proceedings in Australia.
Advising a global LNG trader in a price dispute with an Asian buyer, resulting in continuation of the contract at a revised price rather than termination
Acting for US contractor in an ICC arbitration concerning defective works and delay at an LNG regasification terminal project in South Wales
Acting in LNG charterparty disputes in relation to terminal use agreements and rejection of a vessel for lack of SIRE approval
Advising on a variety of shipping and trading disputes regarding issues such as shortage, contamination, non-payment and force majeure as well as advising on the drafting of trading contracts in relation to the sale/purchase of LNG
Advising supermajor in attempted termination of an LNG project involving a FSRU.
Acting for the floating storage and regasification vessel (FSRU) provider in relation to the project agreements for the construction and operation of a new build FSRU with a storage capacity of 263,000 cubic meters of LNG, making it the world’s largest FSRU, to provide storage and regasification services over a 20-year contract period at the new import terminal to be located at Punta Sayago, Montevideo, Uruguay, with an overall project value in the region of USD 1.1 billion; and...
Advising Petrobras on the preparation of documents in relation to a tender and the EPC contract itself (and related agreements) for the construction of the world's first LNG liquefying unit for the pre-salt gas production. Petrobras developed a project to bring oil and gas from two offshore fields onto FPSOs. On reception, the gas would be transferred to a floating LNG unit to be liquefied and then stored in tanks. The LNG would be then sold domestically and internationally. We prepared...
Advising Union Fenosa Gas, a Spanish Utilities company, on the prospects of reducing their shipping costs in relation to two LNG time charters in respect of two LNG vessels which had been idle since a drop in the market, caused by a stop in clients' gas supply in Egypt, due to the supplier's default.
Advising a North American client on the acquisition of the West Delta Deep Marine project financed LNG project in Egypt
Advising international oil companies on a wide range of Tanzanian law issues relating to the potential establishment of an LNG plant in Tanzania, including a full analysis of the current regulatory and tax regime, projected future changes and options for establishing future fiscal and non-fiscal incentives, including legislation and government agreements
Advising project sponsors in relation to the first LNG import terminal in sub-Saharan Africa involving the export of LNG from Trinidad and Tobago for delivery ex-ship at Port Tema, Ghana, including negotiation of the SPAs for LNG and drafting of the gas sales agreement with the Government of Ghana.
Advising the developer of an LNG import project in Mozambique
Advising an IOC in relation to the proposed Olokola LNG liquefaction project in Nigeria
Assisting Petrobras relation to a breach of Performance Warranty by the Owners of the FRSU Experience, chartered by Petrobras. The relevant charterparty is governed by English law and we are providing advice to Petrobras on issues concerning the performance rate of the FRSU and compensation owed to Petrobras due to underperformance.
Advising Petrobras on the preparation of documents in relation to a tender and the EPC contract itself (and related agreements) for the construction of the world's first LNG liquefying unit for the pre-salt gas production. Petrobras developed a project to bring oil and gas from two offshore fields onto FPSOs. On reception, the gas would be transferred to a floating LNG unit to be liquefied and then stored in tanks. The LNG would be then sold domestically and internationally. We prepared...
Advising in relation to a potential future charterparty for a future LNG project. Our client required our analysis of the Trading to Europe Clause
Assisting clients with the review of the wording of a draft Sales and Purchase Agreement for the purchase of LNG being sold by EDP Energias De Portugal S.A.
Reviewing the model Master LNG Sale and Purchase Agreement adopted by Petrobras
Advising on very large Floating LNG project involving Brazil
Acting for the floating storage and regasification vessel (FSRU) provider in relation to the project agreements for the construction and operation of a new build FSRU with a storage capacity of 263,000 cubic meters of LNG, making it the world’s largest FSRU, to provide storage and regasification services over a 20-year contract period at the new import terminal to be located at Punta Sayago, Montevideo, Uruguay, with an overall project value in the region of USD 1.1 billion; and...
Advising New Fortress Energy on all regulatory issues relating to the construction and operation of an LNG terminal and the first LNG floating storage facility in Mexico
Advising a shareholder in relation to Peru LNG
Advising Petro-Canada on the USD 2.1 billion acquisition of Veba Oil & Gas's international operated and non-operated business having business operations in 12 countries including an integrated project financed LNG project in Latin America
Acting for the main EPC contractor in relation to onshore facilities for one of the world's largest LNG projects, involving strategic advice and input in relation to multiple claims and disputes, including international arbitration proceedings in Australia.
Advising owners, operators and head contractors on contract management and administration, construction claims and dispute resolution strategy in relation to a number of significant LNG plant projects around Australia, including acting for those clients in international arbitrations
Advising a global LNG trader in a price dispute with an Asian buyer, resulting in continuation of the contract at a revised price rather than termination
Advising on purchase, registration and importation of significant offshore facilities including FPSO's and FLNG's covering regulation by AMSA and NOPSEMA
Advising on marine and shipping aspects of recent significant oil and gas projects in Australia, including operational issues arising out of the Gladstone, Gorgon and Wheatstone LNG projects
Conducting a comprehensive internal investigation and advising on liability in regards to a workplace death on a major LNG oil and gas project
Advising a mining and civil construction contractor and gas company on a number of specific procurement contracts for a Queensland LNG project
Successfully acted for a Norwegian offshore LNG production facility contractor/operator in an AUD 13 million claim in the Australian courts arising out of an onshore and offshore construction dispute with a global engineering and project management company
Acted for a Chinese lender syndicate on financing of the construction and delivery of three Arc 7 LNG ships (also known as ‘ice breaker’, a new type of LNG ship which can transport LNG under extreme cold weather condition)
Acted for a large Chinese leasing company on sale and lease back and refinancing of multiple LNG ships
Advising on a major LNG project offshore Lebanon to import LNG by shuttle tankers, regasify the LNG and distribute natural gas as a fuel to a power station
Advising supermajor in attempted termination of an LNG project involving a FSRU.
Advising on a variety of shipping and trading disputes regarding issues such as shortage, contamination, non-payment and force majeure as well as advising on the drafting of trading contracts in relation to the sale/purchase of LNG
Acting for US contractor in an ICC arbitration concerning defective works and delay at an LNG regasification terminal project in South Wales
Acting in LNG charterparty disputes in relation to terminal use agreements and rejection of a vessel for lack of SIRE approval
Acting for an LNG carrier owner and operator in relation to the acquisition of five Arc7 ice-class ships. Work included negotiating, reviewing and advising on the shipbuilding contracts, time charter parties and general structure of the project, together with advising on the financing structure and being involved in the joint venture corporate structure.
Acting in GBP 1 million+ boil-off dispute on a new build vessel
Advising on LNG charters in relation to underperformance and cargo management issues
Advising Total on all aspects of the long term sale of marine LNG to CMA CGM including reviewing HOAs, drafting a bespoke long term contract for the supply of marine LNG incorporating the HOAs and a template customer contract and advising on marine and pollution liability, insurance and competition
Advising the project company in relation to the development and financing of a unique and first of kind LNG to power project in Malta
Advising a client in a dispute regarding an EPC contract for the design, construction, and commissioning of an LNG Terminal in Russia.
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Managing Partner, Hong Kong & Head of Banking and Finance Greater China
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