Energy and Natural Resources

Energy and natural resources represent one of the firm’s core practice areas, and our team boasts exceptional experience in this field.

We provide legal support for projects at all stages of the lifecycle of sector-specific companies – from the conceptualization of investment projects to client consulting on day-to-day business issues and dispute resolution. Our wealth of expertise encompasses consulting on all aspects of the respective transactions and regulatory issues in the energy, oil & gas, and mining industries.

Energy and natural resources represent one of the firm’s core practice areas, and we boast exceptional experience in this field.

On an annual basis, the leading international legal rankings The Legal 500, Chambers and IFLR1000 note the firm’s leading positions in the areas of energy, natural resources and infrastructure.

As the firm’s clients emphasize: “Ost Legal offers top-notch services and is the best legal consultant in the field of Russian electric power” (The Legal 500). Managing Partner Vladimir Lipavsky is singled out for his “expert knowledge of the industry and capacity to provide world-class legal services” (The Legal 500).

Key
clients

Services

Transactions involving M&A in the fields of energy, oil& gas, and the mining of other mineral deposits: due diligence reviews of assets, the structuring of transactions, the drafting of contractual documentation on transactions, legal support for negotiations and the closing of deals, as well as regulatory issues.

PROJECT

Consulting one of India’s leading oil & gas companies in connection with the creation of a joint venture with a Russian petroleum company for the purposes of developing a number of offshore drilling sites on the basis of the respective risk operator agreement. Ost Legal’s services included a due diligence review of the assets contributed to the joint venture, participation in the drafting and discussion of the relevant contractual documentation, and the provision of consultations on subsoil usage issues as well as the regulatory and antimonopoly aspects of the transaction.

PROJECT

Consulting Highland Gold Mining Limited in connection with its acquisition of three gold-mining assets in the Far East.

PROJECT

Consulting Inter RAO UES OJSC on specific issues related to the creation of a joint venture with General Electric.

Consulting on issues related to the legal regulation of the wholesale and retail markets for electric power and capacity

PROJECT

Consulting Inter RAO UES PJSC in connection with an investment arrangement for the construction of a distributed generation facility in an energy-isolated region.

PROJECT

Consulting E.ON Russia OJSC on the legal aspects of implementing certain distributed generation projects.

PROJECT

Consulting TNK-BP OJSC (now – part of Rosneft PJSC) on the respective legal aspects of the implementation of distributed generation projects.

PROJECT

Preparing a draft capacity delivery agreement (CDA) per the ВООТ model.

PROJECT

Consulting Efficient Energy Systems LLC on the legal aspects of the energy markets in connection with the implementation of a project involving the construction of a mini-TPP in Kaluga Region.

Structuring and provision of legal support for investment projects involving the construction and reconstruction of energy and infrastructure facilities (inter alia – featuring the use of BOO, BOOT, BLO, BLOT models), including the drafting of all related contractual documentation reflecting the requirements of the concerned financial institutions

PROJECT

Consulting Turboden S.p.A., an Italian producer of oil & gas equipment, on the relevant EPC-contract and service agreement in connection with the construction of a power plant in the Russian Federation.

PROJECT

Consulting Alternative Generating Company – 1 LLC (including preparation of the draft ЕРС contract) in connection with the construction of a waste-incineration – power-generating plant.

PROJECT

Consulting NovaWind JSC (a Rosatom Group company), including preparing contract drafts and leading negotiations, in connection with the conclusion of a set of contracts (design, construction, supply) for the construction of a windfarm for the 150 MW Adygean WPP.

PROJECT

Consulting Oil & Gas Industry – Management LLC (AFIPKA NPZ), including drafting a set of contracts, in connection with the conclusion of an EPC contract with a foreign contractor for the construction of a hydrocracking unit at AFIPKA NPZ.

PROJECT

Consulting Rusatom Overseas JSC in connection with the conclusion of an ЕРС-contract for the construction of two generating units at the PAKS II NPP in Hungary.

PROJECT

Consulting Nizhnevartovsk SDPP JSC in the course of implementation of a project envisioning the construction of a 400 MW generating unit, at both the negotiation and implementation stages.

PROJECT

Consulting and drafting EPC contracts for construction of the Bobrovsky and Don Syrtovsky integrated gas-treatment facilities for TNK-BP.

PROJECT

Consulting the customer and drafting contractual documentation (an EPC contract based on the FIDIC Silver Book) for a project involving construction of the phase-one, 260 MW “Molzhaninovka” GTPP (CCGT).

PROJECT

Consulting the “Intertechelectro – New Generation” Group in connection with construction of the 220 MW Kurgansk TPP-2 and Noyabrsk CCPP – standalone power plants built with the attraction of project and export financing. Ost Legal’s services included the drafting of EPC-contracts and legal opinions and consulting on issues related to project financing.

PROJECT

Consulting Quartz – New Technologies, the contractor, during the implementation of a project involving the construction of two 600 MW generating units at the Troitskaya SDPP.

PROJECT

Consulting the Chinese company Amur–Sirius, a contractor and equipment supplier, in connection with the construction of a 600 MW generating unit at the Ekibastuz SDPP (Kazakhstan).

PROJECT

Consulting Uzbekenergo SJSC in connection with the conclusion of an EPC contract for the construction of a combined-cycle power unit at the Navoi TPP (Uzbekistan) with a consortium of Spanish and Turkish contractors.

PROJECT

Consulting OGK-3 OJSC and drafting contractual documentation (EPC contracts, contract with the customer’s engineer) in connection with projects for the construction of new generating units at the Kharanorskaya, Cherepetskaya, Yuzhnouralskaya and Gusinoozyorskaya SDPPs.

PROJECT

Consulting OGK-5 OJSC in connection with projects envisioning the construction of 450 MW CCGT units at the Sredneuralsk and Nevinnomyssk SDPPs, including drafting of the respective ЕРС and ЕРСМ contracts and participation in the negotiations.

PROJECT

Consulting TGK-5 OJSC with respect to projects involving the construction of new generating capacities at three TGK-5 OJSC power plants in Kirov and Izhevsk (including preparing and agreeing the draft contracts, as well as the respective tender documentation).

PROJECT

Consulting Quartz Engineering Company OJSC, the contractor, in connection with the construction of generating units at the Tyumen TPP-1 and Nizhnevartovsk SDPP.

PROJECT

Consulting Lafarge Cement in connection with the structuring of a project involving the investor’s construction of electrical grids and substations for the purposes of providing power supply to a cement factory according to the BOO (Build-Own-Operate) model.

PROJECT

Consulting Pilkington Glass in connection with the construction of a power transmission line and substation.

PROJECT

Consulting E.ON (now – Unipro PJSC) in the course of implementation of a project involving the construction of an 800 MW generating unit at the Berezovskaya SDPP, as well as three 400 MW generating units (Shatura SDPP, Yaivinskaya SDPP, Surgut SDPP), at both the negotiation and implementation stages.

PROJECT

Consulting E.ON (now – Unipro PJSC) in the course of implementation of a project involving the construction of an 800 MW generating unit at the Berezovskaya SDPP, as well as four 400 MW generating units (Shatura SDPP, Yaivinskaya SDPP, Surgut SDPP), at both the negotiation and implementation stages.

PROJECT

Consulting Gazpromenergoholding LLC in connection with the construction of a number of generating units, including drafting the respective contractual documentation and leading the negotiations.

PROJECT

Consulting TNK-BP (now – part of Rosneft PJSC) in connection with the construction of a massive integrated gas-treatment facility (the “Rospan” project, valued at roughly USD 2 bln), including drafting contractual documentation – an EPC Open Book contract for subsequent conversion into an EPC Lumpsum contract, supply and design contracts, and conducting negotiations with the leading international EPC-contractors.

Consulting on issues related to the conclusion of contracts for the supply of sophisticated technological equipment (gas and steam turbines, etc.)

PROJECT

Consulting REIN JSC in connection with the conclusion of a supply agreement for a slow-speed steam turbine associated with construction of the Hanhikivi NPP in Finland.

PROJECT

Supporting negotiations on the conclusion of contracts for the design and delivery of a DCS for the Hanhikivi NPP (Finland) and PAKS II NPP (Hungary).

PROJECT

Consulting NovaWind JSC (a Rosatom Group company), including preparing contract drafts and leading negotiations, in connection with the conclusion of a set of contracts (design, construction, supply) for the construction of a windfarm for the 150 MW Adygean WPP.

PROJECT

Consulting CECM FGC UES OJSC in connection with the conclusion of a contract for the supply of a high-tech cable valued at over RUB 5 bln with a Chinese producer.

PROJECT

Consulting KER-Holding CJSC (the contractor) on issues related to the conclusion of contracts for the supply of a number of gas-turbine compressors (amending and commenting on the draft contracts proposed by the client’s counterparty participating in the negotiations).

PROJECT

Consulting Nizhnevartovsk SDPP CJSC on issues related to the conclusion with General Electric of a contract for the supply of a CCGT unit.

PROJECT

Consulting Quartz – New Technologies CJSC in connection with the conclusion and performance of a contract with a consortium of Chinese manufacturers for the supply of an array of core power-plant process equipment valued at over EUR 300 mln.

Consulting on issues related to the conclusion of long-term agreements for the technical servicing of power plants (“service agreements”) and other energy facilities (LTSA, CSA) with the leading producers of power equipment: General Electric, Siemens, Ansaldo, Alstom

PROJECT

Consulting Mitsubishi Hitachi Power Systems on the legal aspects of the modernization and servicing of steam turbines in the Russian Federation.

PROJECT

Supporting negotiations on the conclusion of contracts for the design and delivery of a DCS for the Hanhikivi NPP (Finland) and PAKS II NPP (Hungary).

PROJECT

Consulting E.ON in connection with the conclusion of a contract with Siemens for the long-term maintenance of gas and steam turbines (Yaivinskaya SDPP).

PROJECT

Consulting Nizhnevartovsk SDPP CJSC in connection with the conclusion with General Electric of a contract for long-term CCGT maintenance.

Consulting on issues related to the conclusion of energy-service contracts

PROJECT

Consulting E.ON Russia OJSC in connection with the conclusion of a number of energy-service contracts

Dispute resolution in the field of energy (international arbitration and state courts)

PROJECT

Consulting a leading manufacturer of power equipment – assessing the prospects of litigation associated with disputes over hundreds of millions of U.S. dollars in connection with the implementation of construction projects for the Barh and Sipat TPPs (India) and Long Phu TPP (Vietnam).

PROJECT

Successfully representing the interests of a major oil-refining contractor in litigation prompted by a claim filed by the subcontractor seeking the recovery of debt under the respective service contract in an amount in excess of RUB 600 mln.

PROJECT

Successfully representing the interests of a leading oil-refining contractor in a spate of litigation with the customer (an oil major) in different regions across the country seeking the recovery of penalties and the application of other liability sanctions running into the billions of rubles in connection with the delayed completion of construction projects.

PROJECT

Defending the interests of RUSENERGOSBYT LLC in a spate of litigation seeking the recovery of debt under the respective power-supply contract in an amount of more than RUB 500 mln under claims brought by the last-resort supplier.

PROJECT

Defending the interests of RUSENERGOSBYT LLC within the scope of litigation over the last-resort supplier’s contesting of certain decisions and directives by FAS Russia.

PROJECT

Representing the interests of RUSAL, RUSENERGOSBYT LLC and RUSENERGORESOURCE LLC in a spate of litigation against FGC UES PJSC in connection with the latter’s repudiation of certain service contracts for the transmission of electric power (capacity).

PROJECT

Representing the interests of RUSENERGOSBYT LLC and RUSENERGORESOURCE LLC in a spate of litigation against the RF Ministry of Energy in connection with the voiding of a number of its orders.

PROJECT

Representing the interests of RUSAL in a spate of litigation against Association “NP Market Council” in connection with the voiding of its decision to change the procedure for making settlements on the wholesale market for electric power.

PROJECT

Consulting Unipro PJSC in the course of the pre-litigation settlement of claims totaling more than USD 110 mln in connection with the power-equipment manufacturer’s breach of the respective service contracts.

PROJECT

Consulting E.ON Russia OJSC in the course of the pre-litigation settlement of claims in a total amount of over USD 20 mln with its EPC-contractors under the construction of generating units at the Shatura SDPP and Surgut SDPP-1.

PROJECT

Consulting Remenergomontazh LLC, the contractor, in connection with procedures for termination of the general contracting agreement for the construction of a generating unit at Krasnoyarsk TPP-3.

PROJECT

Successfully representing the interests of a leading oil-refining contractor in a spate of litigation with the customer (an oil major) in different regions across the country seeking the recovery of penalties and the application of other liability sanctions running into the billions of rubles in connection with the delayed completion of construction projects.

PROJECT

Successfully representing the interests of a generating company forming part of the Inter RAO UES JSC Group at the Court of Arbitration for the Resolution of Economic Disputes at the RF Chamber of Commerce and Industry within the scope of the consideration of a claim against the general contractor seeking application of the liability sanctions envisioned by the respective EPC contract in a total amount of over RUB 1.7 bln.

PROJECT

Consulting Inter RAO UES – evaluating the prospects of litigating claims against its contractors in connection with a delay in the implementation of construction projects for the Kharanorskaya SDPP, Nizhnevartovsk SDPP, Cherepetskaya SDPP and Yuzhnouralskaya SDPP.

Key
contacts

Practice
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