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Energy & Climate Change

A key driver of the global economy, the energy sector is affected by and affects global geopolitics, economics and regulation. You require advisors who not only understand your industry but also work on cutting edge issues with leaders of energy companies, regulators, governments, industry bodies and investors. Our teams span 33 countries and work within every part of the energy sector, including upstream and downstream oil & gas, electricity in all its forms including generation, networks, wholesale and retail markets, nuclear and renewables including solar and other green energy and clean tech. Over the last 25 years, our experts have helped shape the sector by creating the legal frameworks upon which many of your markets are based.

Whether you are a NOC, IOC, independent, electricity company, investor, government or financial institution, we have the energy specialists to meet all your strategic challenges globally. Our multi-disciplinary teams were among the first to advise on ground-breaking global oil and gas M&A and on power projects in Europe, to establish a single electricity market in Northern Ireland and the Republic of Ireland, lead historic electricity industry reform in Mexico and work on renewable energy projects globally. This collective experience means we can pre-empt and provide answers to the commercial, risk and regulatory issues you face in the energy sector.

08/04/2020
CMS En­ergy Glob­al Bro­chure
The en­ergy sec­tor is used to change, but has nev­er faced great­er change than it does today The biggest me­di­um and long-term is­sue of our time is how to meet our en­ergy needs in a way that sus­tains the...

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13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
10/08/2022
En­ergy – pun­it­ive in­terest where there is “Sig­ni­fic­ant Con­nec­tion with...
Sum­mary The Late Pay­ment of Com­mer­cial Debts (In­terest) Act 1998 im­plies a term in Eng­lish law con­tracts for the sup­ply of goods and/or ser­vices in the event of late pay­ment by the pur­chaser.  This ‘stat­utory...
04/07/2022
Sus­tain­able De­vel­op­ment Goals and Re­act­ive Leg­al Lim­it­a­tions Per­vade the...
On 24 June 2022, the 53 Con­tract­ing Parties of the En­ergy Charter Treaty (ECT), a key mul­ti­lat­er­al treaty pro­tect­ing cross-bor­der en­ergy in­vest­ments that was ori­gin­ally con­cluded in 1991, reached a tent­at­ive...
24/06/2022
Reg­u­la­tion on for­eign sub­sidies is head­ing for the fin­ish line - European...
Since 5 May 2022, EU tri­logue ne­go­ti­ations have been un­der­way on the first Reg­u­la­tion to lim­it the ef­fect of sub­sidies from third coun­tries to com­pan­ies act­ive in the EU. That an agree­ment will be reached...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
26/05/2022
Schrems II: Re­ac­tions to the judge­ment and the su­per­vis­ory au­thor­it­ies'...
“Schrems II”: Opin­ions of the su­per­vis­ory au­thor­it­ies on Schrems II and re­com­mend­a­tions on the im­ple­ment­a­tion of the judge­ment in in­ter­na­tion­al data trans­fers On 16 Ju­ly 2020, the Court of Justice...
20/05/2022
Amended IC­SID Rules to enter in­to force on 1 Ju­ly 2022
On 21 March 2022, the Mem­ber States of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID) ad­op­ted a com­pre­hens­ive set of amend­ments to IC­SID ar­bit­ra­tion and con­cili­ation rules (“IC­SID...
21/04/2022
En­ergy: Con­sequences of not ex­er­cising an op­tion
In Thurcroft Power Lim­ited v. Volta En­ergy Group Lim­ited [2022] EWHC 338 (Comm), the Com­mer­cial Court de­cided that an op­tion agree­ment con­cern­ing the early stages of a bat­tery stor­age de­vel­op­ment did...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
01/03/2022
Pro­posed man­dat­ory cor­por­ate sus­tain­ab­il­ity due di­li­gence re­quire­ments...
On 23 Feb­ru­ary 2022, the European Com­mis­sion ad­op­ted a long-awaited pro­pos­al for a Dir­ect­ive on cor­por­ate sus­tain­ab­il­ity due di­li­gence for widely-defined spe­cified “com­pan­ies”. The pro­pos­als are wide...
16/12/2021
Car­bon mar­kets and COP26
After six years of ne­go­ti­ation, COP26 re­solved one of the out­stand­ing is­sues of the Par­is Rule­book when it reached a con­sensus on a glob­al car­bon mar­ket mech­an­ism. Art­icle 6 of the Par­is Agree­ment set...
15/12/2021
A role for coal?
The Glas­gow Cli­mate Pact is the first COP de­cision to men­tion coal. This has been widely viewed as a real achieve­ment. Even cam­paign­ers who slam the word­ing of the Pact tend to see the in­clu­sion of coal...