LALIVE has extensive international experience in the mining and energy sectors, including the oil & gas and electricity sub-sectors. The firm’s expertise spans all energy sources, including renewable energy.
Our practice, which is particularly active in emerging markets and developing countries, focuses on the prevention, management and resolution of energy and mining disputes, in particular through international arbitration.
In addition, we provide advisory services regarding the structuring, financing and negotiation of large international upstream, midstream and downstream transactions in a variety of contexts, such as licences and concession agreements, joint ventures, mergers and acquisitions, privatisations, bidding processes and public procurement.
We have a strong track record advising and representing the main players in the energy sector namely large and smaller petroleum and mining companies, governments, regulatory authorities, public utilities, international financial institutions, investment banks, investment funds, independent power producers, power plant and mine operators, service suppliers, including consultants and construction companies specialised in the mining and energy fields.
We can add value in the following specific areas:
- Oil and gas disputes: We have broad experience acting in disputes which arise at every stage of oil and gas projects including related those related to financing, regulatory, exploration and exploitation requirements, joint venture agreements and distribution.
- Gas pricing disputes: We advise producers, sellers and buyers of natural gas and LNG across all sectors of the industry on their gas pricing negotiations and disputes, including in international arbitration and litigation. Our broad experience in this field, both as counsel and as arbitrator, and understanding of the industry including major changes of the natural gas market over the last decade allows us to provide tailored advice to our clients and develop the best strategy in the event of a dispute.
- Mining disputes: We have experience advising mining companies at every stage of the mineral resource value chain, both junior miners and international majors in preventing and resolving disputes, ranging from commercial JV disputes to conflicts with States for breaches of their international obligations. Our team has gained a deep understanding of both the legal characteristics of mining disputes and the technical and business sides of the industry, and our experience spans the globe from South America to Central Asia, Sub-Saharan Africa to Southern Europe
- Upstream agreements, M&As and due diligence: We draft and negotiate E&P contracts with resource holders, co-ventures, suppliers and contractors. We also advise clients on the sale or acquisition of energy companies, the structure of the transaction, project finance, full due diligence (including regulatory and IP issues) and negotiation of relevant documents and agreements.
- Regulatory and compliance: We can advise on merger control, cartel and antitrust issues as well as good governance and compliance issues.