Energy & Utilities International Trade

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Tokyo Dispute Resolution & Crisis Management Newsletter – August 2016

The Rise of LNG Disputes - Global Trends Emerging From the Recent Cases - Introduction - Although some in the liquefied natural gas industry are generally aware of price review disputes (mostly in Europe) that...more

Trion Farmout

On July 28, 2016, the Mexican National Hydrocarbons Commission ("CNH") published a call for tenders and the corresponding bid guidelines (the "Bid Guidelines") for the International Public Tender CNH-A1-Trion/2016 process, to...more

Indonesia solar power projects: a (long awaited) new regime

The Government of Indonesia has just announced it will tender out at least 5,000MW of solar projects by the end of 2018 based on a newly enacted regime for the development of PV solar projects. The regime detailed in the...more

Five Key Takeaways from Key Energy’s SEC FCPA Settlement

The SEC, last week, announced its $5 million settlement with Key Energy. As always, FCPA settlements contain important examples of enforcement priorities and policies. Key Energy’s recent settlement is an example of the...more

India Outlines Plan To Increase Biofuels Market By More Than 750 Percent By 2022

On August 10, 2016, India's Oil Minister Dharmendra Pradhan spoke at a conference in New Delhi about the future of India's biofuel market. He discussed how a target five percent biodiesel blend and a ten percent ethanol blend...more

India: A False Dawn for Foreign OSV Owners

India’s ambitious drive to reduce dependence on foreign hydrocarbon imports is expected to spur almost US$30 billion of exploration and production investments including in the offshore sector. An increase in offshore...more

Key Energy FCPA Resolution – Part III

This week I have been exploring the Key Energy, Inc. (Key Energy) Foreign Corrupt Practices Act (FCPA) enforcement action. Today, I want to consider the actions taken by Key Energy to obtain the very good resolution the...more

The New JADE: Energizing Jones Act Enforcement

The U.S. Customs and Border Protection (CBP) recently announced the creation of a new enforcement division in the New Orleans Field Office focused solely on the Jones Act: The National Jones Act Division of Enforcement...more

Farewell to R2D2 and Key Energy FCPA Resolution – Part II

Yesterday I began a what I thought would be a two-part series on the Key Energy, Inc. (Key Energy) Foreign Corrupt Practices Act (FCPA) enforcement action. However (and as usual), I got carried away so today I will review the...more

Court of Appeal Lifts Stay in Cross Border Class Action

In Kaynes v. BP [1] (referred to herein as “Kaynes”) the Court of Appeal for Ontario (“ONCA”) recently lifted a stay of a class proceeding in which the Plaintiff is seeking damages for alleged misrepresentations made to...more

Green Bonds: Green Striping to Fuel China’s Green Economy?

China has become the world’s largest green bond market, with green bonds issued in the first half of 2016 reaching 75 billion yuan (US$11 billion), 33% of the world total. This figure is approximately two percent of the total...more

Farewell to John Saunders and Welcome to Key Energy FCPA Resolution – Part I

John Saunders died last week. He was a reporter at ESPN and the host of the Sunday talking heads show, the Sports Reporters. The tributes for Saunders came from far and wide. By all accounts, he was one of the most beloved...more

Shocker from EIA – Lifting the Crude Export Ban Results in More Crude Exports

“Since the removal of restrictions on exporting U.S. crude oil in December 2015, the number of countries receiving exported U.S. crude has risen sharply. These exports have occurred despite a sustained narrow price premium of...more

Research finds that Reducing Carbon Emissions will Spur Technology Innovation

In December 2015, 195 nations and the European Union formally pledged to meet nationally determined emissions-reduction targets in the Paris Agreement. Since then, many experts have observed that the national targets are not...more

Saudi Arabia and the Gulf Cooperation Council: Infrastructure Delivery Including Under a Public Private Partnership Model: Top 10...

The sovereign funding gap caused by a low oil price environment, coupled with a global period of economic uncertainty, are two drivers leading governments and state owned enterprises (SOEs) throughout the Middle East and...more

The Small Matter of Bankability: Small-Modular-Reactors and the Financing of Nuclear Projects

The nuclear industry in the UK, and beyond, will warmly welcome EDF’s final investment decision for Hinkley Point C. However, as the UK government mulls over the project fundamentals one last time before committing, it is...more

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world. On August 2, 2016, the United States...more

August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements...more

Significant Developments in Canadian Energy – For the Month of July 2016

Conventional - July 26, 2016 – TORC Oil & Gas Ltd. entered into an agreement with Zargon Oil & Gas Ltd. to acquire light oil assets in southeast Saskatchewan. The acquisition includes 1,120 boe per day (roughly 95 per...more

Meaning of “Commencement of Drilling”: Summary of Vitol E & P Limited v Africa Oil and Gas Corporation [2016] EWHC 1677 (Comm)

Introduction - In a dispute arising in connection with a sale and purchase agreement for an interest under a Production Sharing Contract in the Congo, an English court (the Queen's Bench Division of the High Court of...more

European Commission Sets “Low-Emission Mobility” Strategy, Aiming for Zero-Emission Vehicles

Last month the European Commission continued its drive towards reducing carbon emissions by releasing a low-emission mobility strategy. The strategy identifies key transportation initiatives of the European Commission and...more

Regulation on Wholesale Energy Markets Integrity and Transparency - Are You REMIT Compliant?

The regulatory and enforcement landscape of the European natural gas and electricity markets is changing considerably following the last stage in the implementation of the Regulation on Wholesale Energy Markets Integrity and...more

LNG Disputes on the Rise

Although some in the LNG industry are generally aware of price review disputes (mostly in Europe) that occurred during the last decade, the growing overall trend globally in LNG disputes (especially via international...more

EU procurement directives - a survey of 28 member states

EU member states were required to incorporate the EU’s procurement directives (Public Sector, Utilities, and Concessions) into their domestic laws by April 18, 2016. Most countries did not meet the deadline and are still...more

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