Dans un monde où la demande en énergie et en eau augmente de manière exponentielle, les acteurs de ces secteurs attendent de leurs avocats davantage que des compétences juridiques et un savoir-faire dédié à ce secteur : ils attendent des solutions innovantes pour répondre aux défis auxquels ils sont confrontés. Nos avocats spécialistes du secteur énergétique délivrent ces conseils innovants dont ils ont besoin, quel que soit l'endroit dans le monde où ces besoins se font sentir.

Dans un secteur en constante évolution, exigeant et complexe, les entreprises privées et publiques ont plus que jamais besoin de recourir à des avocats internationaux expérimentés sur l’ensemble des sujets relatifs à l’énergie et à l’eau. 

Nous entrons en effet dans une ère où l'importance de la demande en production et en approvisionnement d’énergie est sans précédent, particulièrement dans les pays émergents. Cette dynamique crée de nouvelles opportunités pour les énergies alternatives et les nouvelles technologies. 

Nos clients du secteur énergétique bénéficient d’une prise en charge coordonnée et globale de leurs besoins, notamment en matière de construction et projets, droit des sociétés, concurrence, réglementation, arbitrage international, contentieux et fiscalité. Nous savons apprécier les facteurs techniques, géographiques, commerciaux et géopolitiques qui façonnent et impactent ce secteur et bénéficions de relations privilégiées avec les sponsors et décisionnaires partout dans le monde. 

Depuis des décennies, nous représentons les entreprises exploitantes dans ce secteur. Notre équipe internationale accompagne les clients sur les marchés de l’électricité, du pétrole et du gaz, des énergies renouvelables, du nucléaire, du carbone, du changement climatique et de l’eau. Outre les sociétés des secteurs de l’énergie et de l’eau, notre clientèle se compose aussi bien de sponsors, d’entreprises, de promoteurs et d’institutions financières, que de gouvernements, d’exploitants de réseaux de distribution et d’autorités de régulation. 

Nous conseillons un large éventail de clients, allant des multinationales opérant dans les secteurs du pétrole et du gaz, jusqu'austart-ups spécialisées dans les énergies alternatives. Nos avocats conseillent leurs besoins stratégiques en matière d’urbanisme, de développement, de financement et d’agréments, ainsi qu'en matière législative, politique et réglementaire.

Contacts internationaux

Domaines Clés

  • Commodities trading

    DLA Piper is one of the very few law firms that offers the full suite of services associated with successful structured finance transactions. Our team brings long-standing trading and structured transaction experience and specific industry experience to our trading clients. We are particularly well suited to effect quick and innovative structures for our trading clients operating in the energy, agro, transport and infrastructure sectors around the world. We represent a wide range of companies that trade, finance and transport such products. We also represent project investors, banks specializing in trade finance for commodities ventures and financing schemes, and shipping companies that charter, operate and own oceangoing vessels. We know how trading firms operate: fast, efficient, and through the use of transactions that mitigate risk while generating revenue. DLA Piper has the finance and the structured products experience that few firms can offer: we know how to get the deal done. Our added value is our extensive experience and contacts throughout the industry in that we can assist in finding the right counterparty and in structuring the kind of deal that best suits our trading client.

    The team is well equipped to structure transactions to mitigate risk in challenging markets, whatever commodities or technologies are involved and is experienced in providing bespoke financing solutions and cutting‑edge security packages tailored to our clients’ commercial needs. 

  • Mining

    Changing economic conditions are often felt at the mine mouth long before they appear on the balance sheet or the boardroom table. DLA Piper is responsive to our clients' needs as they adapt to the cyclical shifts in the global commodities markets. Our innovative solutions assist them to efficiently address these challenges and opportunities.

    From startup to divestment or site closure, our mining legal team can provide a complete legal solution, covering everything from day-to-day operational issues to large scale international transactions and arbitrations.

    Our commodities lawyers have detailed knowledge of local regulatory environments, key project drivers and the market. We understand how the many components of a project interact with one another. Our mining team takes a holistic approach to project development, which enables us to offer a balanced assessment in the best interests of the project as a whole. We can assist you to identify, analyze, negotiate and document project structures and to maintain efficiency when the project is operational.

    DLA Piper is developing innovative solutions to some of the most complex and important issues facing the mining community today. These projects, while not only important in financial terms, are also breaking new legal ground in their treatment of difficult issues such as third party access to infrastructure and state agreements and concessions.

    Mining is a truly global industry and we can provide the location-based assistance as well as the experience and skills that clients in this sector require.

    We offer mining and minerals support in all of the major mining regions of the world, including emerging markets in Africa, Latin America, Asia and the Middle East, as well as the more established markets in Australia, North America and Europe.

    Our international reach means we have the local strength and knowledge to advise our clients on specific legal, cultural and political issues wherever they arise.

    For those with projects across countries or continents, we can provide a single point of contact to help manage the delivery of legal services to all of your projects and your personnel.

    Our multidisciplinary industry focus offers our clients responsive, cost-effective help. Whatever the nature of your legal requirement or business need, you can rely on our detailed knowledge, experience and understanding.

    A selection of clients:

    Miners
    • Anglo American
    • BC Iron 
    • China Coal 
    • Coeur Mining
    • Ferrous Resources 
    • Fortescue Metals Group 
    • Newmont Mining Corporation 
    • Norilsk Nickel 
    • Rio Tinto 
    • Xstrata

    Financiers / Investors
    • Credit Suisse
    • Macquarie

    Operators / Buyers
    • Baosteel
    • Sinosteel 
    • Lafarge 
    • Mitsubishi 
    • Sibelco/Unimin 
    • Arcelor Mittal 
    • Tata Steel 
    • POSCO 
    • Marabani 
    • Sinopec

    Suppliers
    • POSCO E&C
    • STX 
    • Bristow Helicopters

    Government
    • Government of Guinea
    • State of Western Australia 
    • Government of Uganda 
    • Government of Kazakhstan

    Case studies

    • When the Indian Government's Department of Disinvestment and Coal India Limited (the world’s largest coal miner) planned an initial public offering of shares, we were chosen following a formal government counsel selection process involving more than six international law firms. The deal raised US$3.43 billion, making it the largest IPO in the history of Indian capital markets and the third largest IPO in the world during 2010.

    • We are assisting the Australian Premium Iron Joint Venture in all aspects of the development of the West Pilbara Iron Ore Project, which involves the development of three new iron ore mines, 350km of heavy-haul railway and a new deep water port at Anketell Point. 

    • Our broad experience in the financing of mining operations came into play when we represented a major bank in the financing of the development, construction and operation of an iron ore concentrator facility in the USA. It was structured as a fully secured project financing and commodity hedges were an important part of the deal structure, the borrower being required to hedge against iron ore concentrate price fluctuations over a multiyear period to ensure that offtake revenues would be sufficient to cover debt service.

    • A cross-border team from Paris, Perth, New York and Brussels are assisting the Government of Guinea in the review of mining rights and conventions granted by the prior governments and on the renegotiation of concessions and conventions in accordance with the new Mining Code. 

    • We advised Lloyds Banking Group on the debt and equity restructuring of UK Coal plc (now renamed Coalfield Resources plc). An unsuccessful rescue bid would have resulted in company administration, closure of mines, the loss of 2,500 jobs and a tax payer bailout. Working closely with the Lloyds team, we helped achieve the desired outcome; the separation of the businesses of the Group into new divisions and the isolation of existing pension liabilities of GBP400 million. 

    • Following a mining failure in Indonesia, the reinsurers hired us to handle a USD500 million claim. The case was eventually settled on very beneficial terms for the reinsurers.
    • Representing the Republic of Guinea in consolidated, multi-billion dollar ICSID arbitrations brought by BSG Resources ("BSGR"), claiming expropriation of a mining concession and related rights in Guinea, in what is one of the most important and high-value mining disputes in the world.

    • Acting for the Republic of Kenya in respect of an ICSID claim brought by the mining investor, Cortec. This claim is thought to be the highest value and most strategically important investment treaty claim Kenya has ever faced.
  • Oil and gas

    DLA Piper's Oil and Gas lawyers have extensive experience in all segments of the global industry. With a vast network featuring practitioners on the ground in key jurisdictions worldwide, we understand the industry-specific nuances that affect energy transactions and disputes as well as complex, multi-jurisdictional engagements that are part of your strategy wherever you do business.

    We handle both onshore and offshore legal work for a spectrum of clients, from major international oil companies, governments and state-owned companies to independents and private equity and mid-market entities. We offer leading lawyers in mergers and acquisitions, project development, finance, tax, environmental, technology and IP, real estate and dispute resolution. All our lawyers work together as a team across our global platform to address your transactional needs and, when necessary, to mobilize immediately.

    We work with contractors, developers, utilities, banks, investors and governments, providing strategic advice on planning, development, financing and permitting matters, as well as legislative, political and regulatory issues.

    Our experience encompasses:

    • Upstream: licensing/concessions, exploration and extraction; the operation of oil and gas fields; farm-ins/farm-outs, JOAs, joint venturing
    • Midstream infrastructure: construction, financing and operation of oil and gas infrastructure, such as pipelines, tank farms and refineries; sales and handling of crude oil and gas, along with the construction of related infrastructure; and CNG/LNG projects/sales
    • Downstream dissemination of products: offtake of production and the sale of products; lifting and transportation of oil and gas; storage and through-putting of products
    • Acquisition and disposal of oil and gas interests/assets; due diligence and investigation behind acquisitions
    • Financing for oil and gas: funding acquisitions; project-financing for developments; funding cash-calls; security structures over oil and gas assets; trading of oil products
    • Shipping and trading of oil and gas
    • International arbitrations and other forms of dispute resolution
  • Power
    The firm's Power team comprises lawyers throughout the Americas, Africa, Asia Pacific, Europe and the Middle East, positioning us to help energy clients with their legal needs anywhere in the world. Our key service areas within the Power sector include:
    • Conventional generation
    • Renewables
    • Alternative energy
    • Transmission and distribution
    • Wholesale and retail electricity
    • Energy market reform

    We advise on all phases of power transactions including:
    • Project development
    • Mergers and acquisitions
    • Financing
    • Corporate structuring and tax advice
    • Licensing and technology transfer
    • Government / regulatory
    • Litigation and international arbitration
    • Environmental
    • Employment

    We have completed financings that have been implemented through a variety of structures, including traditional offtaker-based project financings, PAPS tax equity investments, leasing, private placements, portfolio financings, multi-tranche first and second lien structures, export credit agency and other multilateral agency supported transactions. By representing clients with diverse roles in many types of transactions, our group has developed experience that well equips us to assist clients in assessing and resolving the complex issues that arise in project finance matters.
  • Renewables

    DLA Piper's globally situated Renewables practitioners represent sponsors, lenders, equity investors, multilateral institutions and government bodies and agencies in the development, financing, construction acquisition and sale of, or investment in, a wide range of renewables-related projects and infrastructure projects. Among these are renewable power generation projects, energy storage facilities, utility-scale, distributed and residential solar, on-shore and offshore wind and biomass and other innovative and technology-based entities. We deliver comprehensive services to renewables clients from project finance and development and M&A to tax, environmental, real estate, tech and IP, employment and disputes and arbitrations.

    We have advised on hundreds of renewable energy projects developed and financed around the world. Members of our team regularly represent clients in the purchase of wind turbines, solar panels, batteries, inverters, gas turbines and steam generators and other equipment or related and in the evaluation of such contracts in the context of an acquisition or a financing.

    We have been active in energy storage for almost a decade and have monitored the industry's progress closely while advising clients on the negotiation of long-term offtake agreements, evolving tariff requirements, the purchase of equipment and project financing, including the landmark financing of a portfolio of battery storage systems.

  • Water

    We are involved in some of the largest, most complex water projects in the world. In addition to project development and finance, we help with water-related mergers and acquisitions, project bids, procurement, sovereign immunity, contracting authority, environmental and other regulatory matters, commercial agreements, intellectual property and dispute resolution.

    • The lenders, Standard Bank and Nedbank, in connection with the MIGA-backed project financing of a reverse osmosis desalination plant in Ghana.
    • Northern Ireland Water, supporting the procurement of a number of framework contracts from which NI Water will be able to call off the services and works necessary to enable it to maintain its vital drinking water and sewerage infrastructure. This involved providing procurement advice on the suite of documents as well as advice on structuring the procurements.
  • Waste

    Our waste sector experience spans the spectrum of waste-related agreements - we advise clients on construction and operating agreements, transportation, landfill, fuel supply, recyclate sale and other residue offtake agreements, as well as advising on environmental and planning issues, technological development and regulatory disputes. Projects on which we have advised include fully merchant facilities and others underpinned by long-term local authority contracts.

    Working on these projects requires a detailed understanding of not only the relevant regulatory legislation, but also of the technologies used and the risks associated with them. Our experience in these matters allows us to measure, anticipate and manage our clients' risks whatever the scale of the project.