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Energy & Climate Change

International

With more than 450 energy and climate change lawyers, including over 100 partners, the CMS Energy and Climate Change practice is one of the largest of its kind in the world. Led from its centres of excellence such as London and Aberdeen, the practice works across 75 offices globally. Our early work in designing and implementing modern energy markets and subsequently guiding the sector in the push to decarbonisation means CMS is not only a transactional or project adviser to the sector, but uniquely placed to help shape its present and future.

The modern energy sector requires specialist legal advisers attuned to global geopolitics, economics and regulation. But as the sector has matured, rather than become more standardised and commoditised, the pace of change is accelerating. When the energy sector found itself on the frontline of decarbonisation, CMS guided the sector through this new landscape. CMS teams now work in every corner of the sector across the globe to help it meet the demands of climate change, technological disruption, urbanisation in developing economies, social concerns and political agendas.

We have supported the success of our clients by recognising the sector is ever more diverse and by working actively against 'silo thinking'. We are market-leading, global advisers on oil&gas exploration and production, mid-stream activities, traditional or newer electricity generation technologies, energy transition and climate change strategies, energy efficiency, finance, M&A, disputes or regulatory and commercial issues. Thanks to our cross-sectoral knowledge and expertise, we make sure clients receive the advice best suited to their commercial needs and to our collective future.

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CMS En­ergy & Cli­mate Change Glob­al Ex­per­i­ence
January 2020
En­ergy Trans­ition: Evol­u­tion or Re­volu­tion?
The en­ergy trans­ition is upon us – Greta Thun­berg and Ex­tinc­tion Re­bel­lion con­tin­ue to gen­er­ate more head­lines than Green­peace and, in Europe at least, there is sig­ni­fic­ant so­ci­et­al pres­sure to move from fossil fuels to re­new­able or al­tern­at­ive sourc
15 May 2020
CMS Ex­pert Guide to re­new­able en­ergy law and reg­u­la­tion
You can down­load our ded­ic­ated "Re­new­ables guide" pdf from here.In­tro­duc­tion This guide in­cludes con­tri­bu­tions from some of the most act­ive re­new­ables law­yers in the sec­tor across the globe. What it shows is that the re­new­ables in­dustry re­mains in a

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31 July 2020
An­nu­al Re­view 2019 – 2020
We are liv­ing in tur­bu­lent times, char­ac­ter­ised by polit­ic­al, cli­mate and health crises. The most acute of these – the COV­ID-19 pan­dem­ic – has clearly shown how in­ter­con­nec­ted our eco­nom­ies are: travel, com­merce and sup­ply chains world­wide have been im­pacted. No in­di­vidu­al or busi­ness has re­mained totally un­af­fected by it.As a glob­al or­gan­isa­tion, with a pres­ence in key busi­ness hubs around the world, we are wit­ness­ing the im­pact of the pan­dem­ic firsthand. Our teams in Asia, Europe, Africa and Lat­in Amer­ica are help­ing cli­ents deal with this un­pre­ced­en­ted situ­ation. Un­fold­ing in dif­fer­ent in­tens­it­ies in dif­fer­ent parts of the world at dif­fer­ent times, our teams are in the for­tu­nate po­s­i­tion of be­ing able to con­nect with and learn from each oth­er. This en­ables us to sup­port our cli­ents in a mean­ing­ful way, listen­ing to and un­der­stand­ing their con­cerns and provid­ing them with busi­ness-rel­ev­ant ad­vice that draws on in­sights from our ex­perts world­wide.In this crisis, we, as a so­ci­ety, are at a cross­roads. What is cer­tain is that for in­di­vidu­als and busi­nesses (ours in­cluded) there will be no ‘back to busi­ness as usu­al’. Things need to (and will) change. How we shape the ‘new nor­mal’ is up to us. In this An­nu­al Re­view, we look at some key de­vel­op­ments that are in­creas­ingly im­pact­ing busi­ness suc­cess. Com­pan­ies need to take these in­to con­sid­er­a­tion when ad­apt­ing their op­er­a­tions to the new busi­ness en­vir­on­ment.The months ahead will be chal­len­ging for us all. Busi­nesses will need to think stra­tegic­ally and po­s­i­tion them­selves for suc­cess in the new nor­mal. We at CMS see it as our task to guide our cli­ents through this chan­ging busi­ness land­scape.Mat­thi­as Licht­blau (Ex­ec­ut­ive Dir­ect­or) Pierre-Sé­bas­tien Thill (Chair­man) Duncan We­st­on (Ex­ec­ut­ive Part­ner) CMS Ex­ec­ut­ive Team
02 July 2020
ICAO agrees to ad­just COR­SIA baseline for CO2 emis­sions for avi­ation in...
On 30 June 2020, the Coun­cil of the In­ter­na­tion­al Civil Avi­ation Or­gan­iz­a­tion (ICAO) ad­op­ted a de­cision ad­just­ing the peri­od to be used as the baseline for meas­ur­ing the growth of CO2 emis­sions un­der...
29 July 2020
CMS En­ergy & Cli­mate Change Glob­al Ex­per­i­ence
With more than 450 en­ergy and cli­mate change law­yers, in­clud­ing over 100 part­ners, the CMS En­ergy and Cli­mate Change prac­tice is one of the largest of its kind in the world. Led from its Lon­don centre of ex­cel­lence, the prac­tice works across 75 of­fices glob­ally.CMS teams now work in every corner of the sec­tor across the globe to help it meet the de­mands of cli­mate change, tech­no­lo­gic­al dis­rup­tion, urb­an­isa­tion in de­vel­op­ing eco­nom­ies, so­cial con­cerns and polit­ic­al agen­das.Be­low you will find some of our ex­per­i­ence across the globe. Please get in touch with our ex­perts in your jur­is­dic­tion.Please also see our Hot Top­ics for the En­ergy Trans­ition pub­lic­a­tion.
11 June 2020
EU ad­justs COR­SIA baseline for CO2 emis­sions for avi­ation to 2019 only...
On 9th June 2020 the Coun­cil of the EU (the “Coun­cil”)ad­op­ted a de­cision to amend its po­s­i­tion on the peri­od to be used as the baseline for meas­ur­ing the growth of CO2 emis­sions un­der the Car­bon Off­set­ting...
29 July 2020
Hot Top­ics for the En­ergy Trans­ition
With more than 450 en­ergy and cli­mate change law­yers, in­clud­ing over 100 part­ners, the CMS En­ergy and Cli­mate Change prac­tice is one of the largest of its kind in the world. Led from its centres of ex­cel­lence such as Lon­don and Ab­er­deen, the prac­tice works across 75 of­fices glob­ally.Our early work in design­ing and im­ple­ment­ing mod­ern en­ergy mar­kets and sub­sequently guid­ing the sec­tor in the push to de­car­bon­isa­tion means CMS is not only a trans­ac­tion­al or pro­ject ad­viser to the sec­tor, but uniquely placed to help shape its present and fu­ture. We can help by giv­ing you our ad­vice and com­pre­hens­ive know­ledge on the top­ics lis­ted be­low.Please also see our CMS En­ergy Glob­al Ex­per­i­ence pub­lic­a­tion.
26 May 2020
Oil & Gas: De­liv­ery without bills of lad­ing
In Trafigura Mari­time Lo­gist­ics Pte Ltd v Clear­lake Ship­ping Pte Ltd & An­or; and Clear­lake Ship­ping Pte Ltd v Pet­ro­leo Brasileiro S.A. [2020] EWHC 995 (Comm) the Com­mer­cial Court dealt with the ar­rest...
26 June 2020
The Lat­in Amer­ic­an GC: Rising to the chal­lenge
When we first draf­ted this fore­word, it said that al­though our fo­cus in this re­port is on per­son­al de­vel­op­ment for GCs, the world in which a GC works does make a dif­fer­ence to their role. Re­cent events have con­firmed that in a way we could nev­er have ima­gined.As we sur­veyed and in­ter­viewed GCs across Lat­in Amer­ica, no-one had heard of Cov­id-19. But now we are pub­lish­ing this re­port in what seems like a dif­fer­ent world from the one where we gathered our data.Clearly, we have to ask: is it still rel­ev­ant? The coronavir­us has brought not only count­less hu­man tra­gedies but also world­wide so­cial, fin­an­cial and com­mer­cial dis­rup­tion. Are our find­ings about the in-house pro­fes­sion still val­id in such a chal­len­ging and chan­ging en­vir­on­ment?We be­lieve they are. Our firm began its pro­gramme of GC re­ports dur­ing the glob­al fin­an­cial crisis. Such crises ac­cel­er­ate and change the way we view things. The glob­al fin­an­cial crisis boos­ted the status and value of many GCs, help­ing them achieve the am­bi­tions we dis­cussed. By help­ing their busi­nesses nav­ig­ate troubled times, with new re­quire­ments in areas such as com­pli­ance, they be­came more in­flu­en­tial.In the present crisis we will see oth­er GCs ex­per­i­ence a sim­il­ar change, as their com­pan­ies fo­cus on sur­viv­al, risk and sus­tain­ab­il­ity in the ‘new nor­mal’. Our re­search shows that Lat­in Amer­ic­an GCs are ready to seize such op­por­tun­it­ies, to prove their worth and to grow and de­vel­op their roles.In some re­spects, this re­port of­fers a snap­shot of life be­fore Cov­id-19. But in oth­er ways it’s a vis­ion for the fu­ture. The dir­ec­tion of travel for GCs – to­wards be­com­ing genu­inely stra­tegic busi­ness coun­sel – re­mains the same, even if some de­tails change. If the crisis ac­cel­er­ates pre-ex­ist­ing trends, they will be trends that GCs had already re­cog­nised.We be­lieve this is the first study of its kind in Lat­in Amer­ica.We hope that you will find it use­ful and thought­pro­vok­ing, even – or per­haps even more – in these dif­fi­cult times.We would also like to thank the many con­trib­ut­ors across CMS for their sup­port with pre­par­ing this re­port. It is not pos­sible to men­tion all of those who have made sig­ni­fic­ant con­tri­bu­tions by name.However, we would like to give par­tic­u­lar thanks to Adam Beach, Madalena Hou­li­han, Jonath­an Fenton, Cath­er­ine Mc­Gregor and Mary Hoover, for their con­sid­er­able ef­forts in as­sist­ing us.
05 May 2020
Oil & Gas: Con­trac­tu­al pro­tec­tions in scrap­ping de­com­mis­sioned as­sets 
Every year hun­dreds of ves­sels and oil rigs are sold to ship­break­ing yards in South Asia, which in­clude some of the busiest break­ing yards in the world (more than 70% of ships sold for scrap end their...
22 June 2020
The Lat­in Amer­ic­an Gen­er­al Coun­sel
The first CMS Gen­er­al Coun­sel re­port in the Lat­in Amer­ica re­gion ex­plores the de­vel­op­ment of the GC role and how the world in which GCs work im­pacts them
23 April 2020
Oil & Gas: Stor­age Ca­pa­city and Coun­ter­party Solvency in In­ter­na­tion­al...
With West Texas In­ter­me­di­ate (“WTI”) tem­por­ar­ily fall­ing through the neg­at­ive price floor on Monday, and spot LNG prices in Asia hit­ting all time lows, is­sues arising out of stor­age ca­pa­city and coun­ter­party...
April 2020
CMS En­ergy Glob­al Bro­chure
21 April 2020
E-Sig­na­tures in Oman and COV­ID-19 
Gov­ern­ment au­thor­it­ies all across the world are strongly ad­vising, and in many cases are even re­quir­ing, people to stay at home, so­cially dis­tance from one an­oth­er and avoid gath­er­ings to help put an...