We regularly work on the full spectrum of decommissioning issues affecting the energy industry, including:
- Drafting provisions in Host Government Agreements (“HGAs”) that address international and regional treaties, national and local law, industry best practices and Environmental, Social and Governance standards;
- Developing decommissioning schemes that allocate responsibility between host governments, operators and other stakeholders to withstand future challenge;
- Due diligence prior to entry into an HGA or Sale and Purchase Agreement (“SPA”) of energy interests to benchmark assumed and residual liability;
- Preparation of access agreements, service contracts, supplier termination agreements, benchmark studies, decommissioning plans, cost-recovery agreements and Decommissioning Security Agreements (“DSA”)
- Drafting and negotiation of Joint Operating Agreement (“JOA”) and other joint venture agreement provisions to ensure back-to-back allocations of liability under HGAs and applicable law;
- Representation in treaty claims or investment restructuring arising from arbitrary treatment by host governments through newly-enacted decommissioning laws;
- Representation in joint venture decommissioning disputes regarding the proper allocation of costs and liability, bankruptcy of a party , and other related joint venture disputes arising in the course of decommissioning.