PRACTICE AREAS

Energy law

Expertise:

• Sales and acquisitions of energy companies
• Privatisation of energy companies
• Straddling gas reserves and maritime boundary issues
• Concession Agreements
• Price review arbitrations under gas supply agreements
• Investment protection claims under Bilateral Investment Treaties and Energy Charter Treaty
• EU regulation concerning the internal gas and electricity market, renewables and nuclear
• EU competition law and state aid

Representative advisory work:

• Concession Agreement: advised concerning a USD 1 billion LNG port project in India and, in particular, drafting and negotiating a BOT concession agreement with the state of Gujarat and preparing risk matrix
• Host Government Agreements: 
• advised on host government agreements concerning a large pipeline project in Central Asia
• member of the Legal Task Force of Energy Charter Secretariat to update the Model IGA and HGA (link)
• Electricity Supply Agreements: renegotiated electricity supply agreements after the new electricity trading arrangement was introduced in UK and advising on electricity trade agreements in Central and Eastern Europe
• Gas Supply Agreement: advising on negotiating gas supply agreements
• Solar Project: advised on the construction and financing of solar projects in Spain and Italy
• Waste to Energy: advising on waste to energy projects including in the UK and South Africa
• Privatisation: advised in respect of the privatisation of the largest Romanian energy company
• Merger & Acquisition: advised on numerous mergers and acquisitions, including on due diligence
• Investment Arbitration: 
• advised in respect of an investment claim against a Central Asian state under a Bilateral Investment Treaty and the Energy Charter Treaty concerning an oil concession
• advised on several investment claims pursuant to ECT and BIT which settled
• Price Review Negotiations and Arbitration: 
• advised one of the world biggest suppliers of LNG regarding price review negotiations and arbitration concerning a long-term GSA
• advised several buyers on price review arbitrations concerning long-term GSA
• Arbitration: 
• advised on numerous ICC, LCIA, VIAC and UNCITRAL arbitrations including with respect to shareholder disputes, construction of power plants and contractual dispute
• appointed as arbitrator in several arbitrations relating to disputes in energy sector
• Transit of oil and gas: Advised on right of the transit under ECT and international law
• EU Competition Law: advised energy companies concerning a potential EU competition law claim for abuse of dominant position in the gas market
• EU State Aid: advised UK energy company regarding EU state aid rules regarding renewables
• Energy Regulatory: 
• Advising on EU law concerning the internal market for gas and electricity including in the Ukraine and other Energy Community countries
• Advising on energy transition to zero carbon economy and climate change targets
• Advising the Commission and Energy Community Secretariat in respect of numerous studies of internal market and security of supply (link)
• Giving expert evidence on Nord Stream 2 and the inter-relationship between EU and international law (link)
• Advising on EU law concering nuclear safety and radioactive waste (link)
• Brexit: advising energy companies on the implications of Brexit on inter alia UK’s access to the internal energy market, state aid and nuclear energy

E&A Law has been ranked amongst the top UK law firms (tier 4) in Energy: oil and gas for the last 7 years by Legal 500.

Ana Stanič has been ranked amongst the top UK energy practitioners by Chambers & Partners for the past 7 years.

EU Law

Expertise:

• EU law and in particular EU energy law, state aid and competition law

Representative matters:

• EU Energy Law:
• implementation and Implications of the EU Third Energy Package
• appearing as an expert before an EU Parliament committee on the amendment to Gas Directive (link)
• advising on proposed Winter package and in particular the capacity mechanism, climate change targets
• advising on application of the EU Renewables Directive to UK decision to cease subsidies to small solar power installations
• EU Environmental Law:
• Implementation and application of Water Directives, Waste Framework Directive and other Waste Directives, air pollution, Renewables Directive under national regulatory and permitting legislation and enforcement
• Application of Nitrates Directive: C-293/97 reference from English High Court to ECJ. The case raised an early instance of the practical implications of the “polluter pays” principle as requirements on private sector operators (link)
• EU Competition Law: advising on potential breaches of EU competition law
• Free movement of goods: C-293/02, a very rare case of a reference from the Royal Court of Jersey to ECJ. The case involved the key discussion as to the unlawfulness of charges for goods crossing a Member State internal border (link)
• EU State Aid:
• advising an energy company on the compliance of UK renewables policy with EU law on state aid, including preparing submissions to the European Commission
• advising the European Investment Bank as to compliance with EU environmental state aid rules in respect of central European Member State capital city development, and representation of client before the European Commission
• EU Public Procurement Law: C-406/08 - reference from the English Court to ECJ regarding UK’s implementation of EU public procurement rules. The case raised important issues concerning the operation of EU principles of effectiveness, equivalence and legal certainty in public procurement challenge deadlines, subsequently applied to broader EU rights deadline challenge requirements (link)
• EU Common Agricultural Policy: C-220/01, a reference from the English High Court as to correct requirements for movement of live animals under animal health (TSE) between EU Member States (link), and C-428/07 - case concerned UK’s implementation of an Agri-environmental Regulation governing the entitlement of farmers to a minimum income for farming, and the constitutionality under EU law of an EU Regulation specifying implementation at sub-national level (link)
• Brexit:
• advising on the likely scenarios of the future UK/EU relations; advising on the energy and state aid implications of Brexit
• updating advice on application of EU environmental law to the military arising from the state of negotiations for and adoption of the Withdrawal Agreement and Political Declaration

International Law

Expertise:

• Public international law and in particular concerning investment treaty protection, state immunity, state succession and maritime law
• Conflicts of law

Representative matters:

• Maritime Dispute: advising on maritime boundary disputes and questions concerning exploitation of straddling gas reserves in Europe, East Mediterranean and Africa
• Inter-State Disputes: advised on two inter-state disputes
• BITs and Free Trade Agreements: member of the Slovenian government team which negotiated Bilateral Investment Treaties and Free Trade Agreements
• Sovereign Immunity: advising states and financial institutions on issues of sovereign immunity and customary international law in proceedings brought in US and UK courts
• Climate Change and environment: member of task force of Energy Charter Secretariat revising IGA and HGA; advising on EU and international law issues concerning climate change and plastics in oceans, member of ICC Task Force on Arbitration and Climate Change
• Self determination: advising on the right to self determination and inter-relationship with EU law and human rights law
• Financial state succession: advising on financial state succession
• Conflicts of law: advised a multinational energy company on issues of conflicts of law, constitutional law and public international law issues arising under a power purchase agreement
• IFI investigations: acting as Independent Investigator to an International Financial Institution into claims of irregularities in conduct of international procurement rules, and independent overseer in subsequent contract negotiations to ensure transparency; conducting investigations for an IFI into alleged conduct of Prohibited Practices and acting in respect of subsequent Enforcement Notice procedures

Arbitration and Dispute Resolution

Expertise:

• Institutional arbitrations including ICC and LCIA
• Price review arbitrations under gas supply agreements
• Investment arbitrations including ICSID and ECT

Representative matters:

• International Commercial Arbitration: representing clients in numerous arbitrations including ICC, AAA, VIAC and LMAA
• Price Review Arbitration: advised one of the world's largest energy companies in respect of an UNCITRAL ad hoc price review arbitration pursuant to long-term gas supply contracts
• Investment Arbitration: advised an investor in respect of an ICSID arbitration pursuant to a Bilateral investment Treaty ("BIT") and Energy Charter Treaty ("ECT") raising issues of unfair treatment and expropriation
• Investment Agreements: lead counsel in negotiation of over ten BIT and Free Trade Agreements whilst working for the Slovenian government
• Host Government Agreements: advised a world leading energy company in respect of breaches of the provisions of ECT concerning the transit of oil and gas and of the provisions of host government agreements in Central Asia
• Mediation: advised one of the largest world resource company regarding a mediation for a breach of a call option agreement
• Commercial Litigation: advised one of the largest resource companies in respect of English court proceedings
• Commercial Litigation: represented a large Polish telecom company in respect of a claim for breach of bond covenants before the English Court of Appeal
• Advisory: advised on issues such as enforceability of exclusive jurisdiction agreements, forum non conveniens, mandatory rules and public policy
• Advisory: drafting arbitration agreements

Environmental Law

Expertise:

• Application of EU environmental law and policy in national law including representing parties before national courts and tribunals and the CJEU
• Environmental permit applications, statutory appeals and regulatory and enforcement actions
• Waste management
• Water legislation
• Horizontal legislation including the Habitats Directive; the Environmental Impact Assessment Directive; and the Environmental Liability Directive
• EU state aid environmental guidelines
• Enforcement proceedings by the European Commission against Member States (infraction proceedings) and inter-EU Member States disputes
• Brexit

Representative matters:

• General advisory work:
• advising privatised water and sewerage undertakers on the application of EU water legislation, waste legislation, Habitats Directive, and the Environmental Liability Directive
• advising a company on scope of application of the Environmental Impact Assessment Directive to development works, including demolition
• advising operators on application of the Renewables Directive to proposed UK withdrawal of subsidies for solar power generation
• advising water and sewerage companies on the exercise of statutory rights to connect into existing and future supply and service networks
• Actions before national courts and tribunals and the CJEU:
• representing farmers as regards the application of the “polluter pays” principle in the implementation of the Nitrates Directive in domestic law, before CJEU and domestic courts: ex p Standley Case C-293/97 (link)
• representing a farmer as regards differential treatment of EU agri-environmental regulations in England and devolved jurisdictions in the UK in CJEU: ex p Horvath Case C-428/07 (link)
• representing waste management companies in the “piggy-back” litigation for new landfilling operations
• acting in various arbitrations concerning the contracting out of local authority environmental responsibilities, including “cost pass through” disputes
• representing a company in various PFI profit-share adjudications and subsequent commercial court proceedings
• representing company and individuals in environmental warranty disputes concerning EU technical standards
• acting for various companies facing statutory and common law nuisance claims, including under Group Litigation Orders
• acting for a large land estate in respect of attempts by environmental regulator to shut down estate operations due to alleged infringements of Habitats Directive requirements
• Environmental permitting regime, and regulatory enforcement action:
• advising on the submission of technically complex environmental permit applications concerning EU surface waters, groundwater and water framework directives, and the Industrial Emissions Directive
• representing commercial operators and privatised water and sewerage undertakers in 1,000’s of appeals contesting rejections of applications for environmental permits, imposed variations and specific environmental permit conditions
• acting for a water and sewerage company against environmental regulator’s asserted Habitats Directive infringements aiming to alter commercial and statutory operations
• Waste Management:
• advising leading foodstuffs producers, new technology developers and land developers regarding the definition of “waste” and “by product” for regulatory permitting and statutory and criminal enforcement purposes
• advising waste collection company on correct application of duty of care duties regarding municipal waste
• representing waste management companies in various matters concerning Landfill Directive environmental permits
• advising on application of waste regulations to developing techniques and technologies
• advising on use of lex specialis in waste legislation regarding use of sludge, and as to national composting rules
• Environmental state aid:
• advising the European Investment Bank and EU Member State capital city on application of EU environmental state aid guidelines, and representing the Member State before the European Commission
• Inter-state disputes, disputes with EU institutions and infraction proceedings:
• advising the European Commission on compliance by a Member State with EU public procurement in environmental contracted out services
• investigating alleged non-compliance with international procurement rules on a power project in an EU Member State, and advising as to possible conflict with EU environmental law and policy
• advising an EU Member State in relation to a cross-boundary environmental dispute with another EU Member State on development of LNG energy resources and supply, and considering the raising of a complaint to the European Commission and initiation of rare inter-EU State litigation before the ECJ
• Brexit
• advising on application of EU environmental law to the military in England in the light of the Brexit referendum, ongoing negotiations and UK parliamentary debates
• advising on potential impact of Brexit on post-Brexit ongoing infraction proceedings against the UK and risks of new liability issues

Corporate and Banking

Expertise:

• Sale and acquisitions
• Syndicated loans

Representative matters:

• Contract: reviewing of contracts with the aim of standardising terms and conditions
• Sale and Acquisitions: advised in respect of numerous multi-jurisdictional acquisitions by US entities in Europe, handled all aspects of transaction, including liaising with tax advisers, local counsel and due diligence
• Privatisation: advised in respect of the privatisation of the largest Romanian energy company
• Syndicated Loan Agreements and Bond Issues: drafted and negotiated syndicated loan agreements and bond issues on behalf of lenders and borrowers, including states
• Bank Restructuring: advised on the restructuring of one of the largest Romanian bank