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Energy

Hong Kong

As a key driver of the global economy, the energy sector faces tough regulatory, political and financial pressures. In China and the wider Asia region in particular, it continues to be a sector of constant change and development.

At CMS our team spans nearly  40 countries and has experience within every part of the energy sector, including upstream oil & gas, power generation (conventional and renewable), oil & gas and electricity networks, wholesale and retail, as well as cleantech.

Over the last 20 years, our experts have helped shape the sector by creating the legal frameworks upon which many of your markets are based.

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22/11/2018
New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
30/10/2018
Car­riage ban on mar­ine fuels with sul­phur con­tent above 0.50% form­ally...
On 26 Oc­to­ber 2018, dur­ing its 73rd ses­sion on 22 - 26 Oc­to­ber, the Mar­ine En­vir­on­ment Pro­tec­tion Com­mit­tee (‘MEPC73’) of the In­ter­na­tion­al Mari­time Or­gan­iz­a­tion (the ‘IMO’) form­ally ad­op­ted the car­riage ban on mar­ine fuels with sul­phur con­tent above 0.
25/09/2018
In the Af­ter­math of Achmea – Does Vat­ten­fall En­sure the Fu­ture for...
On 6 March 2018, the EU Court of Justice (CJEU) held in its Achmea rul­ing that dis­pute set­tle­ment pro­vi­sions provid­ing for ar­bit­ra­tion in in­tra-EU bi­lat­er­al in­vest­ment treat­ies (BITs) are in­com­pat­ible with EU law.
27/07/2018
Oil and Gas - "Hanged on a Comma"? Punc­tu­ation in Fin­an­cing Agree­ments
Sum­mary In Vit­ol E&P Lim­ited v New Age (Afric­an Glob­al En­ergy) Lim­ited [2018] EWHC 1580 (Comm), the Com­mer­cial Court was asked to con­sider the re­la­tion­ship between a cor­por­ate lend­ing fa­cil­ity and a re­serve based lend­ing fa­cil­ity.
14/06/2018
In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.
23/05/2018
Oil & Gas: Im­plied con­tract for de­mur­rage out­side BP Terms
In Glen­core En­ergy UK Ltd v OMV Sup­ply & Trad­ing Ltd [2018] EWHC 895 (Comm) the Com­mer­cial Court de­cided that an ex­change of emails between parties to an ex­ist­ing crude oil sales agree­ment was cap­able of giv­ing rise to a sep­ar­ate im­plied con­tract.
13/04/2018
The Acon­cagua Bay – “al­ways ac­cess­ible”
On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.
13/03/2018
Oil & Gas: JOAs, budget over­runs and op­er­at­or pen­sion de­fi­cits
In Mara­thon Oil UK LLC v Cent­rica Re­sources Lim­ited, TAQA Bratani Lim­ited and TAQA Bratani LNS Lim­ited [2018] EWHC 322 (Comm), the Com­mer­cial Court con­sidered wheth­er an op­er­at­or was en­titled to charge joint ven­ture par­ti­cipants for pen­sion fund short­falls.