Lalive

Multidisciplinary approach

Areas of practice

BackEnergy

Over the years, LALIVE has developed a substantial international practice in the energy sector, including the oil & gas and electricity sub-sectors. The firm's expertise spans all energy sources, including renewable energy. LALIVE is particularly active in emerging markets and developing countries. The opening of its office in Qatar, LALIVE IN QATAR LLC in 2006, is a tangible demonstration of the importance the firm attaches to the energy sector.

The firm provides advisory services regarding the structuring, financing and negotiation of large international transactions in a variety of contexts, such as licences and concession agreements, joint ventures, mergers and acquisitions, privatisations, bidding processes and public procurement. The firm's services include specialised advice on matters of international investment and trade law, including WTO regulations, as well as on legislative, regulatory and institutional reforms. 

LALIVE also has extensive experience in the prevention, management and resolution of energy disputes, including through international arbitration and other forms of ADR. The firm has acquired strong know-how in assessing complex claims, managing voluminous cases, leading large teams of lawyers and experts and cooperating with clients' in-house and external advisors. 

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LALIVE's clients include large petroleum companies, international financial institutions, governments, regulatory authorities, public utilities, investment banks, investment funds, independent power producers (IPPs), power plant operators, service suppliers, lenders, consultants as well as engineers specialised in the energy field.

Lawyers of the firm specialising in this sector regularly publish articles and speak at international conferences on current issues. Some are also active member of the International Bar Association (IBA) Power Law Committee (sub-committee of the Section on Energy, Environment, Natural Resources and Infrastructure Law).




Selected Assignments

Advisory:

  • Acting for a Middle East based civil aviation authority and international airport developer and operator, in relation to the preparation and negotiation of several agreements for the leasing, operation, management, maintenance and repair of new and state-of-the art jet fuel facilities and petrol stations at a new international airport
  • Advising a Hong Kong-based multinational investment company, on all legal aspects related to its proposed subscription of shares in a Swiss-based start-up company active in the renewable energy sector
  • Advising one of the major European integrated groups in the gas infrastructure business in relation to the setting up of a jointly controlled company with another top gas infrastructure group for the integrated management of the companies' international assets across Europe

Disputes:

  • Representing a state-owned Southern European company in two parallel gas pricing arbitrations conducted under the ICC Rules of Arbitration and arising under three long-term contracts with a European and Middle-Eastern State-owned company - value in dispute: several USD billion
  • Representing an international oil and gas explorer in a large value dispute with an African State over the termination of several petroleum production sharing agreements, conducted under the ICC Rules of Arbitration – value in dispute: over USD 1 billion
  • Representing a European energy supply company in a CHF 300 million shareholder dispute with another European power company and a European bank before an ICC Tribunal
  • Representing a Swiss energy trading company in an UNCITRAL arbitration with a Romanian energy producer regarding the breach of energy supply agreements
  • Representing a Central European Government in a EUR 150 million dispute with a Dutch petroleum company arbitrated under the ICSID Convention and Arbitration Rules)
  • Representing a major international petroleum company in a USD 200 million ICC arbitration involving the construction of a gas processing plant in a Middle Eastern country

Publications

The consequence of skipping a mandatory pre-arbitral stepMatthias Scherer, Samuel Moss, 2016

International Law Office, Newsletter (Construction and Energy), 5 December 2016



Swiss Voters Refuse to Limit Lifetime of Operating Nuclear Reactors Marc D. Veit, Simon Leimbacher, 2016

International Law Office, Newsletter (Energy & Natural Resources), 12 December 2016



The Sources of International Investment LawJorge E. Viñuales, 2016

In: Samantha Besson, Jean d’Aspremont (Eds.), The Oxford Handbook of the Sources of International Law, Oxford University Press, forthcoming 2016, chapter 24



Foreign Investment and the Environment in International Law: The Current State of Play Jorge E. Viñuales, 2016

In: Kate Miles (Ed.), Research Handbook on Environment and Investment Law, Edward Elgar, Cheltenham, forthcoming 2016, chapter 2



International Investment Law and Natural Resource GovernanceJorge E. Viñuales, 2016

In: Kati Kulovesi, Elisa Morgera (Eds.), Research Handbook on Environment and Investment Law, Edward Elgar, Cheltenham, forthcoming 2016, chapter 2 (also published as an E15 Think Piece for the Extractive Industries Group of the E15 Initiative, WEF/IISD/ICTSD, 2015)



Swiss stop the clock on electricity liberalisationGeorges Racine, 2016

International Law Office, May 2016



More publications

Recommendations

Geneva-based full-service firm Lalive provides the most lawyers in this chapter, with three practitioners selected from its 'substantial' energy practice. (Georges Racine, Matthias Scherer and Alexander Troller recommended)

Who's Who Legal, Switzerland, Power, 2013