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Checklist Intensifying geopolitical conflict — including open hostilities, regional volatility, cyber interference and closure of sea lanes — can exert rapid, multifaceted strain on energy-sector contracts. This checklist offers a structured, practical approach to evaluating force majeure (FM) risk in an active conflict or war setting, and to judging whether FM can be effectively invoked under English law. It also maps how that assessment intersects with frustration and contractual termination rights, and sets out drafting considerations for parties to weigh in future transactions so that FM provisions expressly address war risks. It is intended for legal and commercial teams operating across oil and gas, LNG, trading, infrastructure and energy supply chains, where disruption frequently stems from direct physical impossibility at the point of delivery, or indirectly via upstream or downstream domino effects. The objective is not solely to test the viability of an FM claim, but also to enable informed, risk-aware choices in rapidly evolving conflict environments. This checklist focuses on FM arising from war-related physical and operational disruption....
Questions & unsatisfactory answers—the European Commission publishes guidance on the importer requirements of the EU Methane Regulation On 19 November 2024, the Commission released ‘Questions and answers on importer requirements of EU Methane Regulation (EU) 2024/1787’ (the Methane Q&A). In essence, the Methane Q&A seeks—albeit inadequately—to resolve key issues that have preoccupied the energy sector since Regulation (EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024 on the reduction of methane emissions in the energy sector and amending Regulation (EU) 2019/942 (the EU Methane Regulation) took effect on 4 August 2024. The EU Methane Regulation imposes extensive obligations on: operators with gas, oil or coal activities within the EU, and importers placing on the EU market natural gas, oil or coal extracted outside the EU The Methane Q&A concentrates on the latter—rules applicable to entities bringing hydrocarbons into the EU. It claims to respond to 35 questions. This piece does not attempt to catalogue every answer...
Mergers The Commission approved: Nippon Steel Corporation’s takeover of sole control of United States Steel Corporation (M.11476) following a phase I review—see Midday Express for details Stonepeak Partners LP and Ørsted A/S obtaining joint control of OONA Energy Partners 3, LLC (M.11534) after a phase I review—see Midday Express for details The Commission has received notifications for: Cooper/Viatris (European OTC Business) (M.11383) under the standard merger procedure EEX/Nasdaq Power (M.11241) under the standard merger procedure Note—For all ongoing merger probes before the Commission, consult the EU mergers—ongoing cases tracker Antitrust The application ...
Mergers The Commission has authorised: American Axle & Manufacturing Holdings, Inc to obtain sole control of Dowlais Group plc (M.11981) following a phase I inquiry—see further, Midday Express Centrica plc and Bridgepoint Group to take joint control of National Grid Grain LNG and Thamesport Interchange Limited (M.12155) after a phase I review—see further, Midday Express The Commission has also received notifications in: LBO France Gestion/EMZ Partners/Heroiks (M.12167) (simplified merger procedure) Temasek/Brookfield/Luminace (M.12179) (simplified merger procedure) NOTE—For all live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker State aid The Commission has approved, under EU State aid rules, an Italian measure (valued at €24.5m) to enlarge a multimodal freight terminal near Bologna—see further, Midday Express NOTE—For all live State aid decisions and live formal State aid investigations, see further, EU State aid...
Export credit agency (ECA) backed financing has long served as a dependable funding route for the shipping and offshore sectors, yet the financial crisis expanded the influence of ECAs across all areas, from cruise vessels to drilling units and liquefied natural gas (LNG) carriers. Banks commonly welcome ECA participation as it enables them to manage capital pressures in a capital‑intensive industry and to address risks tied to exporting to overseas purchasers. ECAs provide, among other measures, direct lending, insurance and guarantees to facilitate ship finance transactions and to safeguard the interests of domestic shipyards selling worldwide. The financing structure and documentation will differ depending on the particular form of support delivered by the ECA. What are Export Credit Agencies? An ECA is typically a governmental body or a quasi‑governmental agency, but it can also be a publicly or privately owned company (acting on behalf of the relevant government) which, in shipping finance transactions, either furnishes...
What is EU REMIT? Regulation (EU) 1227/2011, known as EU REMIT, sets the rules safeguarding integrity and transparency across wholesale energy markets. It bans insider dealing and market manipulation concerning wholesale energy products. Aims EU REMIT’s core purpose is to rebuild customer trust that wholesale energy products are fairly priced. Recital (1) underscores the need for consumers and other participants to trust the electricity and gas markets, for wholesale prices to mirror a fair, competitive balance of supply and demand, and to prevent any gain from market abuse. Guidance The European Agency for the Cooperation of Energy Regulators (ACER) issues detailed, practical guidance on EU REMIT. ACER also produces and routinely refreshes a Q&A, summarising common queries on EU REMIT together with ACER’s replies. This Q&A serves as guidance for EU REMIT stakeholders and is not a binding legal interpretation of the Regulation. Oversight and enforcement Compliance covers the bans on insider trading and market manipulation, together with duties to publish inside information,...
There are various industry-standard Master Agreements for LNG Sale and Purchase Agreements (LNG SPA), each setting out slightly differing risk matrices for buyers and sellers. This Practice Note provides swift access to widely used model-form LNG SPA Master Agreements, which were released by market participants...