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Energy Disputes

United Kingdom

International energy companies operate in a complex and challenging environment. Investments in the energy sector are often high-value, high-risk transactions involving projects that rely on cutting edge technology. In addition to the technical challenges in this heavily regulated industry, the progressive development of reserves and infrastructure around the globe, and the need for ongoing geographic diversification, have exposed energy companies to increased legal and political risk. In such an environment, despite best business practices, disputes may be unavoidable.

When disputes occur, energy companies expect their lawyers to be true specialists that understand the industry. The Energy Disputes Team focuses entirely on advising and representing clients in the energy sector. Their experience covers all forms of dispute resolution, including international arbitration (both commercial and investor-state), litigation (either of the underlying dispute or in support of arbitral proceedings), expert determination, adjudication and mediation.

CMS is consistently ranked in the Global Arbitration Review ‘GAR30’ of the world’s busiest international arbitration practices and ranked by Legal Week in 2015 in the top 10 litigation firms by revenue. The Energy Disputes Team has a recognised expertise and track record in high value and complex international arbitration and litigation in the energy sector.

As trusted advisers to numerous international energy companies, our energy disputes offering is truly global. We advise clients across the world, from the UK to South America to the Far East. We have significant recent experience in regions such as continental Europe, sub-Saharan Africa (for example, Angola, Cameroon, Congo, Madagascar, Nigeria), North Africa (including Algeria, Egypt, Morroco, Tunisia), the Russian Federation, the Middle East (including extensive experience in Iraq) and Brazil.

Project Advisory and Risk Management

The team also offers a ‘Project Advisory and Risk Management’ service - offering advice on how to avoid disputes at every stage of the lifecycle for major energy projects. As the legal, contractual and regulatory environment in which major projects are delivered becomes ever more complex, proactive management of risk has become a critical part of delivery strategies. 

Our team provides flexible support to help you maximise opportunities and manage time, cost and quality risks that have the potential to impact the successful outcome of a project. This early intervention by our team minimises your risk of a costly dispute, protecting your reputation and your relationship with clients. 

Our services include analysis of documentation and procedures, producing proforma documents and communication strategies, delivery of teach-in workshops to project delivery and commercial teams, regular project surgeries and risk review workshops, telephone helpline providing real-time project advice and post completion reviews.

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"It is a confident and user-friendly team which roundly produces top-quality, commercial advice in tune with the business timescales we are working to.”

Chambers, 2018
High­lights of our ex­per­i­ence in En­ergy Dis­putes in the UK
A ma­jor oil and gas com­pany on a USD 250m ICC ar­bit­ra­tion con­cern­ing a North Afric­an pro­duc­tion shar­ing con­tract. The ar­bit­ra­tion is French-lan­guage with a Geneva seat.Twelve LNG and nat­ur­al gas price re­view ar­bit­ra­tions and dis­putes on vari­ous rules
Law-Now: En­ergy Dis­putes
Vis­it Law-Now for leg­al know-how and com­ment­ary

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10 September 2020
Priv­ilege: What you need to know
Priv­ilege - what you need to know - CMS guide. You can find out more and down­load the guide here.
14 June 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 year we lead with the newly re­leased FID­IC Second Edit
19 December 2017
CMS guide to the FID­IC 2017 suite
At the be­gin­ning of Decem­ber 2017, FID­IC pub­lished its much-her­al­ded and long awaited new edi­tions of the Red, Yel­low and Sil­ver Books. The new ver­sions con­tain ex­tens­ive amend­ments and are an at­tempt to mod­ern­ise the FID­IC form 18 years after the First E
1 August 2017
NEC4
At the NEC Users Group An­nu­al Sem­in­ar on 22 June, the new NEC4 suite of con­tracts was launched with much fan­fare and praise by mem­bers of the ICE, Cab­in­et Of­fice, in­dustry and nat­ur­ally, the NEC4 Con­tract Board and draft­ing team.
5 June 2017
An­nu­al Re­view of Eng­lish Con­struc­tion Law Dis­putes
An in­ter­na­tion­al per­spect­ive
18 April 2017
Dis­putes di­gest
This edi­tion in­cludes up­dates on cur­rent con­ten­tious is­sues, in­clud­ing dis­putes in elite level sport, pro­gress in the High Court’s ‘Fin­an­cial List’, and re­cent cases on ag­greg­a­tion of claims and ex­clu­sion of li­ab­il­ity in com­mer­cial con­tracts.
29 September 2016
Dis­putes di­gest
This edi­tion in­cludes up­dates on cur­rent con­ten­tious is­sues, in­clud­ing dis­putes in elite level sport, pro­gress in the High Court’s ‘Fin­an­cial List’, and re­cent cases on ag­greg­a­tion of claims and ex­clu­sion of li­ab­il­ity in com­mer­cial con­tracts.
25/11/2015
Dis­putes Di­gest - cur­rent leg­al is­sues af­fect­ing the mar­ket
19/10/2015
Our En­ergy Dis­putes team
03/09/2014
An In­ter­na­tion­al Is­sue: 'Loss of Profit­s' and 'Con­sequen­tial Loss'