Energy & Mining

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Whether you are in the public sector, a utility, energy company, investor or contractor, we act for participants worldwide across the energy industries and mining sector.

It is impossible to craft engineering contracts or resolve disputes that arise (whether domestic or international) without a holistic understanding of the various sectors, the multitude of industry form agreements that are on offer and the myriad of intricate dispute resolution options, procedures and rules that are available.

A core part of our global Energy & Climate Change team with a remarkable depth of resources in multiple jurisdictions and practice areas, we understand our clients’ businesses; the challenges they face, including fluctuating market conditions, regulatory uncertainty, governmental investigations and continuous advances in conventional, renewable and clean energy technologies, as well as the specific risks that are inherent in all energy and mining projects.

Our Energy & Mining Team has particular expertise in contract procurement and execution and in the arena of dispute avoidance, management and resolution (both domestic and internal) in the fields of mining, power (examples include power stations, dam projects and all types of plants), oil and gas (examples include LNG terminals and facilities, FPSOs and pipelines), renewable energy (examples include biomass projects), energy from waste, and the construction and installation of pipelines and sub-sea cables.

Market sources say: "The team as a whole are impressive. They cover every specialism that we need to achieve our goals and work together to provide a sector-based approach."

Chambers 2019

"The mining team at CMS has a combination of a deep understanding of the mineral and waste management sector, specialist legal skills, and a solution-oriented approach."

Legal 500, 2020
10/11/2023
Driving sustainability in real estate and construction
Contributing to the fight against climate change and creating social value are now priorities for the real estate and construction sectors.   The long-term nature of the built environment means that resilience and sustainability should be considered at every stage if buildings are to be environmentally and socially responsible. This brings both opportunities and challenges for the businesses that create, own or maintain it. They must consider the evolving technical, regulatory and market landscape, to ensure that their investments are future-proofed commercially, as well as environmentally and socially. This section of Bandwidth looks at some of the ESG issues that confront developers and property owners, and how they can incorporate practical solutions into their businesses.
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30/11/2023
Views from the Energy Leaders’ Summit
Wednesday 6 December saw CMS host the Energy Leaders’ Summit on behalf of the Global Success Partnership at CMS Dubai. The event welcomed Edward Hobart, British Ambassador to the UAE, and Andrew Bowie MP, UK Minister for Nuclear and Net Zero, who shared their perspectives of the UK’s role as a global leader in climate action and energy transition, and the opportunities for collaboration with the UAE and other countries in the region. The panel discussion covered a wide range of topics on the various aspects of the energy transition - the role of innovation, finance, policy, and partnerships in achieving net zero emissions, and the challenges and opportunities for industrial decarbonisation and reskilling.  Thank you to the panellists:Munir Hassan, Head of Energy & Climate Change, CMSAnnika Ramsköld, Chief Sustainability Officer, VattenfallAngela Churie Kallhauge, Executive Vice President and Head of the COP28 Delegation, Environmental Defence FundJan Spin, President of Americas, Blue Green Water TechnologiesAnna Hancock, Executive Director, Pollination Group, AustraliaLeon Kamhi, Executive Director, Head of Responsibility, Federated Hermes Limited A huge step forward in the reduction of methane The Global Methane Pledge made at COP28 has been joined by over 100 countries and aims to accelerate the implementation of existing and new measures to reduce methane emissions, such as capturing and using methane from landfills and oil and gas operations, improving waste management, and promoting low-emission agriculture. The World Bank is set to roll out a minimum of 15 country-led programs within the next 18 months to slash up to 10 million tons of methane (over investment lifespans). So, lots of positive messages about reducing methane. The sense on the panel was that it was a huge step forward that methane was discussed to such an extent and the commitment that some of the largest oil companies have made to reduce methane could be a game changer. The International Energy Agency (IEA) and the Environmental Defense Fund (EDF) have an important role in monitoring and verifying the methane reductions using satellite data and we heard about the need for more funding and innovation to support methane abatement in low- and middle-income countries, especially in the oil and gas sector.  Reskilling is a huge opportunity  The panel discussed the social and economic impacts of the energy transition, and the need for a just and inclusive approach that considers the needs and aspirations of the citizens and the workers. We heard about the importance of reskilling and upskilling the workforce, sharing best practices and lessons learned from different countries and regions. Where the infrastructure can be easily transformed to support clean energy, this reskilling presents an opportunity to both businesses and local communities. However, panellists reflected that this was not always possible, so some communities may struggle to thrive if their current livelihoods cannot be transitioned to clean energy. The role of investors and financial institutions There was considerable discussion about the role of investors and financial institutions in supporting the transition, and the need for consistent and credible disclosure and reporting stand­ards. There are challenges and opportunities for creating new revenue streams and business models, and the role of carbon markets and social bonds in financing the transition. For the investment infrastructure to be created so that investors can support governments in delivering their programmes, it needs to be easier for private investment to entertain the risk. Blue Green Water Technologies remove harmful alga blooms from lakes and oceans. These projects are often financed by companies using carbon credits and this source of funding has enabled local communities to benefit from cleaned bodies of water. Biodiversity has dramatically increased, as has the value of land. Creative funding solutions can benefit many different stakeholders by enabling projects such as these. Climate risk is an accelerating risk, and this should be considered by financial institutions. As they calculate the value of climate risk and its impact on their capital allocation, remuneration and expenses, the valuations must adjust. The view on disclosures and standards was that their have a role, but any investment should lead to a change in behaviour, not just to be disclosed as part of disclosure requirements. Making disclosures is a huge investment for a business and so the sense was that businesses should avoid measuring in a certain way purely for disclosures instead of really delivering change and solutions. The role of governments Finally, we heard about the role of governments in facilitating and enabling the transition, and the need for collaboration and cooperation at all levels. We learned about the importance of setting clear and ambitious targets and policies and aligning them with the global goals and commitments. We also heard about the importance of engaging and empowering the stakeholders, especially the non-state actors, and creating trust and confidence in the transition. COP28 has a role as a platform for showcasing solutions and forging partnerships. The Leadership Group for Industry Transition is one example of how governments can be brought together with companies and civil society to support and accelerate the transition to net zero emissions in industry and create new markets and jobs. Communities will make the difference The discussion closed with some reflections on the importance of different communities in making the energy transition happen. Communities of all types, such as those who attended the Energy Leaders’ Summit, will come together to use the technology available to translate the deals and agreements into action. We need government support to remove the brakes, and we need actors of all types to come together. We need people to question, to demand more and to change behaviour.  
07/11/2023
Funding + reskilling + data + consumer engagement = energy transition...
 
07/11/2023
COP28 - Climate finance and the launch of Climate Investment Funds (CIF)...
Climate finance took centre stage on the fourth day of the COP28 climate summit in Dubai. Building on the obligations of The Paris Agreement, banks, regulators and top officials at the COP28 climate summate committed to progressing the mobilization of climate finance from a variety of sources, including public, private and alternative sources of financing.  
06/11/2023
“Debt-for-nature” swaps: a huge potential boost for the debt capital markets?
 
06/11/2023
Adaptation finance: more clarity for the financing and development of low...
 
01/11/2023
COP28: how the law can unite and act to deliver the UN SDGs
Thursday 7 December saw a panel event to discuss COP28: how the law can unite and act to deliver the UN SDGs, hosted by Advocates for International Development and supported by Clifford Chance, CMS, Kirkland & Ellis and Linklaters.
01/11/2023
COP28
CMS contributed to the conversations at, and around, COP28 by hosting a series of events to collaborate, debate and look forward. Here, our experts publish soundbites and commentary to share their perspectives on the impacts of the announcements and agreements. 
11/04/2023
Rebuilding Confidence: CMS International Construction Study 2023
Introduction In this era of low economic growth and high inflation, it is no surprise that the construction industry is facing a brutally challenging period. Rocketing interest rates, escalating material and labour costs, and growing pessimism, are heaping pressure on the sector. Across the construction supply chain, insolvencies have been rampant in many countries. This unforgiving climate and gloomy outlook is delaying or deferring spending and investment, but it is also creating concern, tension and discord in existing construction projects. These difficulties must be worked through by project stakeholders to stave off full-scale disputes, yet dispute resolution proceedings, such as arbitration, frequently occur across the industry. The bleak backdrop forms the foundation of the CMS International Construction Study 2023, which draws on extensive responses collected in late 2022 from industry experts and targeted interviews with selected senior professionals. The report outlines the difficult circumstances that the sector faces, but highlights the measures that can be taken to limit or prevent the fallout.
07/03/2023
Construction Focus 2023
The CMS Construction team invites you to Construction Focus 2023, our annual construction law review. We will discuss recent developments in case law and key legal themes we are coming across in­clud­ing: fire...
11/10/2021
Readjusting Risks: CMS International Construction Survey 2021
Introduction The COVID-19 crisis is an extreme example of the many unexpected incidents that impact construction projects, resulting in heightened tensions and disputes amongst stakeholders. The pandemic has accentuated many of the typical frictions that occur in the construction industry, as well as highlight new challenges. No matter how experienced or astute the parties to a project are, when negotiating and concluding contracts, there is always the potential for an unforeseen event to cause major disruption, resulting in commercial pressures and financial losses. Readjusting Risks, the latest CMS International Construction Survey for 2021, is available to download now. This year's report examined more than 50 responses from senior members of the industry and conducted interviews with leading figures that have key responsibilities for construction contracts, projects and the resolution of disputes. The survey drew in responses from across the world, especially Europe, Middle East, Africa, Asia and Latin Amer­ica.    The report showcases the primary trends in the market, from the increasing enthusiasm for arbitration as a preferred form of dispute resolution, along with mounting preferences for mediation and other forms of alternative dispute resolution (ADR), to industry-wide recognition that keeping better records and managing change more effectively are vital to minimising tensions and potential disputes. It also reviews the additional strain of COVID-19 on the industry.
14/06/2018
Annual Review of English Construction Law Developments 2018
Welcome to the 2018 edition of our internationally focused Annual Review of English Construction Law De­vel­op­ments.2017 has been another busy year for the development of English construction law. This...
05/06/2017
Annual Review of English Construction Law Disputes
Welcome to the 2017 edition of our internationally focused Annual Review of English Construction Law De­vel­op­ments.2016 has been a busy year for the development of English construction law, making this...