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Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

The Japan Fair Trade Commission Has Said No to LNG Resale Restrictions—What Does This Mean for Japanese and Non-Japanese LNG...

In June 2017, the Japan Fair Trade Commission (JFTC) issued its conclusion on an earlier market study on liquefied natural gas (LNG) resale restrictions and cautioned that (i) destination clauses, (ii) diversion clauses,...more

2nd Circuit Weighs in on Certifying Classes Involving Foreign Securities

by Burr & Forman on

In In re Petrobras Securities Litigation, the Second Circuit Court of Appeals recently issued an opinion regarding the standards for certifying a class involving foreign securities. Petrobras is a multinational Brazilian gas...more

LNG for Japanese Buyers: End of the Road for Destination Clauses?

by Latham & Watkins LLP on

A recent announcement by the Japanese antitrust regulator could spell the end of destination clauses in certain Asian LNG SPAs. Key Points: ..Asian LNG buyers are seeking to form a buyers’ club to negotiate better and...more

JFTC questions the validity of destination clauses in LNG SPAs

by White & Case LLP on

On 28 June 2017, the Japan Fair Trade Commission ("JFTC") issued a report regarding its "Survey on LNG Trades" based on questionnaires and interviews with Japanese and non-Japanese buyers and sellers of LNG (the "Report")....more

Japan Fair Trade Commission Survey of LNG Trades

by King & Spalding on

On 28 June 2017, the Japan Fair Trade Commission (the “JFTC”) published its highly anticipated “Survey on LNG Trades” (the “Survey”) that reviews the impact of destination restrictions on long term LNG imports into Japan and...more

North Sea decommissioning: Primed for a boom? The complexities and challenges associated with decommissioning offshore oil and...

by White & Case LLP on

Historically, the attitude towards decommissioning disused offshore oil and gas platforms—'abandonment' as it was previously known—has been largely negative, with companies viewing mature installations as a burden rather than...more

Everything You Need to Know About the Australian Domestic Gas Security Mechanism—What Does This Mean for Australian LNG Exporters...

The Australian Domestic Gas Security Mechanism at a Glance - On June 5, 2017, the Australian government released draft amendments to the existing Customs (Prohibited Exports) Regulations 1958 (the “Amended Regulations”)...more

Countering counterparty insolvency

by Hogan Lovells on

These days, the threat of counterparty insolvency looms over the energy sector: whether it is a natural disaster or precipitous decline in the price of oil, perhaps no industry is more susceptible to the financial decline and...more

ManattJones Global Strategies - June 2017

CEO Executive Summary: U.S. Trade Representative Robert Lighthizer formally notified Congress of the Trump administration’s intention to renegotiate NAFTA beginning Aug. 16. While he and his Mexican counterpart set Dec. 15 as...more

Gas Company Receives First Declination of 2017 Under FCPA Pilot Program

by Holland & Knight LLP on

The U.S. Department of Justice (DOJ) on June 16, 2017, announced its first declination of 2017 and the closing of its investigation of Linde North America Inc. and Linde Gas North America LLC (collectively, Linde) concerning...more

Mexico’s Energy Industry: Mexico Tender Round 2.1: Shallow Water Oil Sells Big

On June 19, 2017, the Comisión Nacional de Hidrocarburos (CNH) completed the Presentation and Opening of Bid Proposals for the First Tender of the Ronda Dos (“Round 2.1”), which was first announced on July 20, 2016. Round 2.1...more

Arbitration Bribery Corruption and Disputes - it's not as easy as ABCD

by Hogan Lovells on

Foreign Corrupt Practices Act ("FCPA") - For energy, mining, and resources companies, the cost of corruption—and getting caught—is real. Less than two months ago, Odebrecht S.A. was ordered by a U.S. federal judge to pay a...more

Sea Change? What Does Trump’s Decision on the Paris Agreement Mean?

This week, President Trump announced his decision to withdraw the United States from the Paris Agreement, describing it as “disadvantaging the United States” and indicating that the United States will “cease implementation”...more

Trade & Manufacturing - News of Note - May 2017

by King & Spalding on

U.S. Government To Investigate Effects Of Steel, Aluminum Imports On National Security - In late April, Commerce Secretary Wilbur Ross initiated two investigations to determine the effects of imported steel and aluminum on...more

Human rights claims against English-based multinational energy companies

by Hogan Lovells on

London is home to some of the world's largest multinational energy companies. In recent years, they have become the targets of claims for alleged human rights violations committed overseas. In this article, we consider the...more

Nigerian Oil and Gas and the “7 Big Wins”: Rhetoric or Matter-of-Fact

by Dentons on

In October 2016, the Nigerian government unveiled its plan to develop a stable and enabling environment that will maximise investment opportunities in the oil and gas sector (the Industry) and yield increased growth in the...more

Litigation Trends in the Global Oil and Gas Industry: What You Need To Know

by Hogan Lovells on

Michael Davison is head of the Hogan Lovells Litigation, Arbitration, and Employment Practice Group. For close to 30 years, he has been helping clients avoid disputes. He is currently working from the firm’s London office as...more

Doing Business in Saudi Arabia 101: Investing in the Kingdom

by Dechert LLP on

President Donald Trump will be making his first official overseas trip as president to the Kingdom of Saudi Arabia, commencing May 20, 2017. During the course of the president’s trip, over US$100 billion worth of...more

Added Risks of Export Projects

by King & Spalding on

Exporting hydropower production can provide emerging market countries with the opportunity to develop hydropower projects that would otherwise be unavailable due to project bankability concerns or the inability to attract...more

Risk Mitigation and Allocation Strategies in Contract Drafting for Terminal Services Agreements

by Dentons on

A terminal services agreement (TSA) is a contract for a mining producer/shipper to warehouse and through-put its product en route to its customers. The following article outlines a number of ways TSAs can be drafted to...more

South Africa’s Junk Status Downgrade

On 3 April, 2017, S&P Global led the way in downgrading South Africa’s Sovereign Credit Rating to non-investment-grade ‘Junk’ status. This following President Zuma’s purging of his Cabinet on 31 March, 2017, in which a total...more

Energy Newsletter - April 2017

by King & Spalding on

Navigating Private Equity Fund Limitations for Energy Infrastructure-Focused Investments - Energy infrastructure funds have emerged as a class of funds that offer investors the potential for long-term stable returns, as...more

The opportunity and promise of decommissioning

by White & Case LLP on

The UK's oil and gas decommissioning regime has long been seen to be in the front-line of petroleum developments and operations around the world, and much has been said about the resulting decommissioning liabilities and...more

Boletín Mensual de Comercio Internacional: Abril - Información con énfasis en la Regulación Comercial y de Arbitraje Internacional

by Holland & Knight LLP on

Durante el mes de abril destacan los siguientes temas: Comercio, Acceso, Propiedad Intelectual, Competencia Económica, Arbitraje...more

Changes in gas transit regulations

by Dentons on

Customs warehouse regime for extended gas storage by foreign gas traders and introduction of backhaul transactions - Ukraine now allows VAT-free temporary storage for up to 1095 days (3 years) of natural gas by gas traders...more

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