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Energy

Portugal

The Energy, Environment and Natural Resources area of CMS Rui Pena & Arnaut has, through the Lawyers who integrate same, decades of accumulated expertise, which is acknowledged in Portugal as leader in this area.

We have an expertise team, with professionals with an extensive legal experience; within such a complex sector in permanent evolution such as the energy sector, and such fact allows us to understand our clients’ needs and to contribute to their activity and to participate in their projects as a partner with a strategic thought and with a deep specific knowledge of this issue.

The area of Energy, Environment and Natural Resources of CMS Rui Pena & Arnaut has been involved in the legal handling of the most relevant and innovating energetic developments and infrastructures, having participated in the draw up of national legislation on natural gas, energy and oil, and has a particular expertise in projects within the area of renewable energy (hydroelectric power stations, onshore and offshore wind energy, biomass and solar energy), including pilot projects in the area of technological innovation.

Our clients include some of the major national and international players in this sector, with activity in the areas of oil and gas, energy and renewable energy. We provide legal assistance to our clients on a daily basis and in all kinds of procedures by public organisms, by the regulatory entities and by the courts.

We do believe that we have a good understanding of the legal issues that may arise within the ambit of complex projects, and we have the capacity to assign our resources to provide an assistance of quality on an efficient, practical, dynamic way and with efficient costs. In spite of the specialisation and focus, we believe that some operations require an integrated approach, counting with the contribution of other areas of practice related with our clients’ projects.

Acknowledgement

Band 1: Clients acknowledge the efficiency of the team and "their vas lnowledge", adding that the "lawyers have a good backgound in bthe area", Clients appreciate the "seriousness, rapidity ans knowledge" of the lawyers".
Chambers & Partners 2017
Band 1: CMS has expertise across the natural gas, electricity and renewables sectors. Rui pena and Monica Carneiro Pacheco are the practice co-heads.
Legal 500 2017

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14/05/2018
En­ergy per­form­ance of build­ings: the fi­nal cut (for now)
In March 2018 we men­tioned the boost­ing of the con­struc­tion, tech­no­logy and elec­tric vehicle char­ging sec­tors by a pro­posed re­boot­ing of en­ergy per­form­ance of build­ings le­gis­la­tion. Today, the Coun­cil of the European Uni­on an­nounced agree­ment on the fi­nal ver­sion.
14/05/2018
En­ergy per­form­ance of build­ings and Brexit: the fi­nal cut (for now)
In March 2018 we men­tioned the boost­ing of the con­struc­tion, tech­no­logy and elec­tric vehicle char­ging sec­tors by a pro­posed re­boot­ing of en­ergy per­form­ance of build­ings le­gis­la­tion. Today, the Coun­cil of the European Uni­on an­nounced agree­ment on the fi­nal ver­sion.
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.
12/03/2018
The next re­boot for en­ergy per­form­ance of build­ings
The con­struc­tion, tech­no­logy and elec­tric vehicle char­ging sec­tors are to be boos­ted by a re­boot­ing of en­ergy per­form­ance of build­ings le­gis­la­tion. Pro­vi­sions are also in­cluded to seek to un­lock fin­ance for en­ergy ef­fi­cient renov­a­tion of ex­ist­ing build­ing stock.
11/01/2018
Bare­con 2017 - Ringing in the Changes
BIMCO re­cently pub­lished an up­dated ver­sion of their widely-used BARE­CON 2001. Whilst it largely fol­lows the same format, BARE­CON 2017 takes ac­count of a num­ber of leg­al and com­mer­cial changes and has been de­scribed by BIMCO as “a new lean­er ver­sion” which.
19/12/2017
Oil & Gas Ship­ping: a Venezuelan de­ten­tion
In ST Ship­ping and Trans­port PTE Ltd v Space Ship­ping Ltd [2017] EWHC 2808 (Comm) the Com­mer­cial Court re­jec­ted an ar­bit­ra­tion ap­peal that sought to ar­gue that the ac­tions of the Venezuelan courts, in openly not fol­low­ing Venezuelan law, broke the chain of.
14/12/2017
Oil & Gas: Off-spec de­liv­er­ies – up­hold­ing the con­trac­tu­al mech­an­ism
In Trafigura Be­heer BV v Ren­brandt Ltd (2017) EWHC 3100 (Comm) the Com­mer­cial Court provided some winter com­fort to pur­chasers and sellers that are seek­ing to rely on con­clus­ive evid­ence clauses as to qual­ity.
30/10/2017
ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...
IN­TRO­DUC­TION A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’ and there­fore sub­ject to the pro­cure­ment rules, even where.
28/03/2017
On the road to autonom­ous vehicles
Con­nec­ted and autonom­ous vehicle (“CAV”) tech­no­lo­gies are set to have a pro­found so­cial and eco­nom­ic im­pact world­wide and con­tin­ue to ac­cu­mu­late a great weight of ex­pect­a­tion. Ad­voc­ates ar­gue that CAV tech­no­lo­gies will im­prove road safety, ease con­ges­tion and.
20/03/2017
Due di­li­gence and pro­por­tion­al­ity un­der scru­tiny in latest IC­SID li­ab­il­ity...
Sum­mary In a de­cision dated 21 Feb­ru­ary 2017, a tribunal act­ing un­der the aus­pices of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (“IC­SID”), the World Bank’s ar­bit­ra­tion in­sti­tu­tion, in Am­pal-Amer­ic­an Is­rael Corp.
10/02/2017
In­dia Budget 2017 - 2018
On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.
02/02/2017
Gov­ern­ment con­sults on pen­al­ties for non-com­pli­ance with EU ship emis­sions...
On 1 Janu­ary 2018, sub­ject to a few ex­clu­sions, ships over 5000 gross ton­nage (“Rel­ev­ant Ships”) will be sub­ject to mon­it­or­ing and re­port­ing re­quire­ments on car­bon di­ox­ide emis­sions (CO2), fuel con­sump­tion and cargo car­ried.
09/12/2016
Are we wit­ness­ing the rise of su­per level eco­nom­ic en­vir­on­ment risks?
In a few years’ time we may look back and say that it was in 2015/2016 when leg­al pro­ceed­ings and re­cent policy changes com­bined to pro­duce mani­fest ser­i­ous trans­fron­ti­er and trans-sec­tor com­mer­cial and eco­nom­ic en­vir­on­ment risk.
30/11/2016
Oil & Gas / Ship­ping: Ex­clud­ing ‘con­sequen­tial loss’ can re­strict...
The Com­mer­cial Court was re­cently asked to con­sider the cor­rect con­struc­tion of the phrase “con­sequen­tial or spe­cial losses or ex­penses” in a clause that dis­trib­uted (and lim­ited) li­ab­il­ity and rem­ed­ies between parties (Star Po­lar­is LLC v HH­IC-Phil Inc [2016].
04/11/2016
Oil & Gas: De­fault Gas ex­clus­ive rem­edy in nat­ur­al gas sale agree­ment...
The Eng­lish Court of Ap­peal has up­held the Com­mer­cial Court de­cision that a De­fault Gas rem­edy in a nat­ur­al gas sale and pur­chase agree­ment was the sole and ex­clus­ive rem­edy for un­der­deliv­er­ies to a buy­er caused by a shut-in for the pur­poses of con­struct­ing.
14/09/2016
What fu­ture for en­vir­on­ment taxes?
On 6th Septem­ber 2016 the European En­vir­on­ment Agency, an agency of the European Uni­on tasked to provide “sound, in­de­pend­ent in­form­a­tion on the en­vir­on­ment” pub­lished a re­port on En­vir­on­ment­al tax­a­tion and EU en­vir­on­ment­al policies.
01/09/2016
CMS launches e-guide on en­ergy stor­age
En­ergy stor­age of­fers a range of op­por­tun­it­ies for stan­dalone de­velopers, gen­er­at­ors, net­work op­er­at­ors and con­sumers (ran­ging from large en­ergy users through to do­mest­ic con­sumers) and oth­er elec­tri­city sec­tor par­ti­cipants and is an in­creas­ing fo­cus due to.