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Convention on Supplementary Compensation: Liability Implications for the Nuclear Industry

Now that Japan’s Diet, as of November 21, 2014, has approved Japan’s ratification of the Convention on Supplementary Compensation for Nuclear Damage (CSC) and implementing domestic legislation, Japan presumably will soon...more

Temporary Suspension of Certain Sanctions Against Iran Extended Until Mid-2015

On November 24, 2014, the United States, the United Kingdom, France, China, Russia and Germany (collectively, the “P5+1”) announced that they will continue current negotiations with Iran regarding its nuclear program and will...more

2014 Midterm Elections: Implications for U.S. LNG Exports

Federal elections held nationwide on November 4 ushered in Republican control of the U.S. Senate and expanded the Republican majority in the U.S. House of Representatives. The Republicans now hold majorities in both houses of...more

What does the agreement between the United States and China to reduce their greenhouse gas emissions mean to 'Joe Industry'?

All media outlets are discussing a groundbreaking agreement between the United States and China to reduce their greenhouse gas (GHG) emissions. Under the agreement, the United States promised to cut net greenhouse gas...more

Energy Newsletter - November 2014

In This Issue: - First AIPN Model Contract for Unconventional Resource Operations - A Cautionary Tale: English Courts Further Depart from a Traditional Approach to Liquidated Damages in Unaoil v...more

Navigating Russia Sanctions: US, EU, and Japan Update

US, EU and Japanese sanctions targeting Russia are becoming increasingly aligned as a result of each jurisdiction’s continued tailoring of sanctions targeting Russia. In each jurisdiction there are now laws which block funds...more

Texas Condensate to Be Exported Without Prior Approval, Testing Federal Limits

On November 5, the Wall Street Journal reported that Australian-based BHP Billiton Ltd. would begin exports from the United States of lightly refined natural gas condensates produced in the United States. In contrast to...more

Condensate Exports Raise Compliance Questions for Purchasers

Recent press reports covering the sale and export of lightly processed condensate from the Eagle Ford Shale have characterized such transactions as a major test to the four-decade-long ban on crude oil exports, and a sign...more

A Cautionary Tale: English Courts Further Depart from a Traditional Approach to Liquidated Damages in Unaoil v Leighton

In September 2014, the Commercial Court handed down an unprecedented decision, finding that a liquidated damages ("LD") clause in a contract was a "genuine pre-estimate of loss" at the time the parties entered into the...more

First AIPN Model Contract for Unconventional Resource Operations

Concluding two years of work by a drafting committee comprised of more than 160 industry representatives from 26 countries spread across five continents, the Association of International Petroleum Negotiators (AIPN) on 25...more

Paris Energy Series No. 7: Take-or-Pay Conditions in Gas Supply Agreements

Take-or-pay provisions are now fairly common in long-term offtake and supply agreements in the energy sector, a notable example being gas supply agreements. In essence, take-or-pay provisions provide that a buyer must...more

LNG Export Tolling Facilities – New Frontiers, New Solutions

Tolling and other similar payment-for-services commercial structures for processing goods have been around since at least the Industrial Revolution in Europe, and thus have historical precedents that make the basic economic...more

Boeing And The Commercial Aircraft Corporation Of China Open Aviation Biofuel Pilot Project

On October 22, 2014, Boeing and the Commercial Aircraft Corporation of China (COMAC) opened the China-U.S. Aviation Biofuel Pilot Project, a demonstration facility that will turn used cooking oil into aviation biofuel at a...more

SEC Settlement with Layne Christensen Raises New Questions on the Government’s Understanding of the Business Nexus Element of the...

Last week the SEC settled charges against Layne Christensen for various violations of the FCPA. While a relatively unremarkable case at first glance, the SEC’s charges against Layne Christensen reflect a troubling approach by...more

Africa Energy Update

The latest news on legal and regulatory developments in Africa’s energy sector. This first Africa energy update focuses on East Africa, a region of growing potential for sector participants. Future updates will focus on other...more

Layne Christensen Settles SEC FCPA Probe

-- Negligible Evidence of Business Nexus Element May Explain DOJ Declination - Consenting to a October 27, 2014, Cease and Desist Order, the global water management, construction and drilling company Layne Christensen...more

Australian Anti-Corruption Proposal to Mandate Disclosure of Offshore Mining and Resources Payments to Governments

Australia has taken a significant step in supporting a global movement for accountability and transparency in the mining and extractives industries. On 28 October 2014, Greens leader Christine Milne introduced the...more

The Transparency Initiative: Are You Ready?

The UK is set to become the first EU member state to transpose the most recent EU directives on accounting and transparency rules in an effort to satisfy growing demands for a European-wide strategy to fight corruption in...more

China Update - October 2014 #2

In This Issue: - Quote of the Week - U.S.-China Relations - Energy & Environment - Trade - Excerpt from U.S.-China Relations: Center for American Progress Event on U.S.-China...more

Japan's FIT: Flying Too Close To The Sun?

Spurred to action by the 2011 Fukushima nuclear meltdown, Japan's Parliament seized on popular antinuclear sentiment and passed sweeping legislation to encourage the development of the nation's renewable energy resources. The...more

Mozambique’s New Mining Law: A Re-Balancing Act

Mozambique’s new Mining Law (Law No. 20/2014 of 18 August) introduces changes largely aimed at re-balancing the terms under which mining activities are conducted in favour of Mozambique and Mozambicans, following the trend...more

Mexico’s Guidelines for Clean Energy Certificates Will Support Renewable Energy Development

As part of a historic restructuring of its electrical power sector, Mexico will create a market for tradable Clean Energy Certificates, which many industry participants will be required to obtain. Draft guidelines proposed by...more

BC LNG Tax Regime: Rate Concessions and New Tax Credit but Uncertainty Remains

On October 21, 2014, the British Columbia government introduced Bill 6, the Liquefied Natural Gas Income Tax Act (LNGITA). The LNGITA proposes a two-tier tax on income derived from liquefaction activities at liquefied natural...more

Energy Reform Legislation in Mexico Gives the Private Sector Unprecedented Opportunities in the Mexican Electrical Power Industry

Mexico’s President recently signed into law a historic package of legislation to restructure the nation’s electrical power sector. This article discusses the legislation, which will create a more open and competitive power...more

Sanctions Round-Up: Third Quarter 2014

In this issue: - The Revised OFAC 50 Percent Rule - U.S. and E.U. Sectoral Sanctions Targeting Russia - Additional U.S. Sanctions Targeting Iran - Sanctions Targeting Ongoing Conflicts in Syria,...more

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