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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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19/07/2019
Po­s­eidon Prin­ciples and re­spons­ible ship fin­an­cing
On 18th June 2019, 11 banks with col­lect­ively over $100bn in as­sets and rep­res­ent­ing nearly 20% of the glob­al ship fin­ance signed a glob­al frame­work agree­ment, called the Po­s­eidon Prin­ciples. These are dir­ec­ted to­wards meet­ing the Par­is Agree­ment’s tar­get of.
18/04/2019
BARE­CON - The Im­port­ance of Class
In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an ab­so­lute ob­lig­a­tion and a con­di­tion.
15/03/2019
Law sides with cli­mate change against coal
Min­ing com­pany, Gloucester Re­sources Lim­ited (GRL), ap­pealed to the Land and En­vir­on­ment Court of New South Wales, Aus­tralia, against a min­is­teri­al de­cision to re­ject its ap­plic­a­tion to de­vel­op and op­er­ate an open cut coal mine, Rocky Hill, near Gloucester,.
14/03/2019
Ship­ping and car­bon: EU and IMO sys­tems to align
On 4 Feb­ru­ary 2019 the European Com­mis­sion (EC) tabled a pro­pos­al con­cern­ing the amend­ment of Reg­u­la­tion (EU) 2015/757 on the mon­it­or­ing, re­port­ing and veri­fic­a­tion of car­bon di­ox­ide emis­sions from mari­time trans­port (the “EU MRV Reg­u­la­tion”).
13/03/2019
Con­nec­ted Fu­ture - En­ergy Stor­age
It is re­cog­nised that flex­ib­il­ity in the elec­tri­city sys­tem will be­come in­creas­ingly valu­able in the com­ing years as the wider en­ergy trans­ition, in­clud­ing the great­er pen­et­ra­tion of in­ter­mit­tent, dis­trib­uted gen­er­a­tion and more pro­act­ive con­sumers, across.
27/02/2019
Elec­tric Vehicles: in­fra­struc­ture for our con­nec­ted fu­ture
The up­take of elec­tric vehicles (EVs) has soared in re­cent years (al­beit from a very low base), with jur­is­dic­tions such as Nor­way and The Neth­er­lands cur­rently lead­ing the pack. However, in or­der for a coun­try to be­come a glob­al EV lead­er, it is vi­tal to con­sider.
31/01/2019
Com­mis­sion­ing a scrub­ber sys­tem by 31 Decem­ber 2019 is not suf­fi­cient...
Ship own­ers, ship op­er­at­ors and ship man­agers who are busy pre­par­ing for the up­com­ing high sul­phur fuel oil (“HSFO”) ban which enters in­to force on 1 Janu­ary 2020 will be fa­mil­i­ar with the op­tion to in­stall Ex­haust Gas Clean­ing Sys­tems (EGC­Ss) oth­er­wise known.
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.