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Arbitration Clauses – choose words carefully
Deacons, September 2021

The recent judgment in Kinli Civil Engineering Ltd v Geotech Engineering Ltd, HCA 2141/2020, is a reminder of the importance of choosing words carefully when drafting an arbitration clause, to ensure that it reflects the parties’ intentions as to how any disputes that may arise are to be resolved.      Background The proceedings were instituted by the Plaintiff (K) against the Defendant (G) for sums, said to be due under a contract between them (Contract)...

The drafts of the Operating Procedure for Electronic Market of the Auctions for the Transfer of Natural Gas Supply Volume and Transport Capacity (MECAP) and Operating Procedure for the Transfer of Information in the Natural Gas Market are published
Rodrigo, Elias & Medrano Abogados, September 2021

By Board Resolution Nº 368-2021-MINEM/DGH and Board Resolution Nº 369-2021-MINEM/DGH, published on September 21, 2021 in the Official Gazette “El Peruano”, the drafts of the “Operating Procedure for the electronic market of the auctions for the transfer of natural gas supply volume and/or transport capacity (MECAP)” (“MECAP Operating Procedure“) and of the “Operating Procedure for the Transfer of Information in the Natural Gas Market&rd

Planning for hydrogen - will the system be a help or a hindrance?
Shoosmiths LLP, September 2021

The UK government’s Hydrogen Strategy, published in August 2021, confirms that developing a thriving low carbon hydrogen sector in the UK is a key plank of the government’s plan to build back better with a cleaner, greener energy system...

Hydrogen – Producing the Future?
Shoosmiths LLP, September 2021

On 17 August 2021, the UK Government presented its Hydrogen Strategy (the “Strategy”) to Parliament. The 120-page document set out the Government’s ambition to develop a thriving hydrogen sector in the UK and to place it at the forefront of hydrogen technology. What does it say and how might hydrogen feature in the future? Throughout this article, we will be referring to different colours of hydrogen (primarily blue and green)...

Deadline for receiving comments regarding the document “General Guidelines to be applied in the tariff procedures under the price cap methodology or RPI-X mechanism” is extended
Rodrigo, Elias & Medrano Abogados, September 2021

On Saturday, September 11, 2021, Resolution Nº 0041-2021-CD-OSITRAN was published in the Official Gazette “El Peruano”, extending the deadline for receiving comments and suggestions to the “General Guidelines to be applied in the tariff procedures under the price cap methodology or RPI-X mechanism” (the “Resolution 041”) for a period of 15 working days from its publication, that is, until October 1, 2021...

National Treasury Set to Limit Assessed Tax Losses: Agricultural and Mining Sectors Among those Industries to Bear the Brunt
ENSafrica, September 2021

  The National Treasury (“NT”’) published its draft Taxation Laws Amendment Bill with accompanying Explanatory Memorandum on 28 July 2021 (the “draft Bill”). By now it is well known that the draft Bill contains a fairly radical proposal: section 20 of the Income Tax Act, 1962 (“the Act”) will be amended to limit the amount of an assessed tax loss that may be set-off against taxable income...

Dramatic Changes proposed to Norway’s Petroleum Tax Regime
Simonsen Vogt Wiig AS, September 2021

Last night, only days ahead of a general election the minority Government in Norway is likely not to win, a proposal for dramatic changes to the upstream petroleum tax regime. It was announced at 18.00 hours Oslo time in a hastily called press conference by the Minister of Finance Mr Sanner (Conservative) and the Minister of Petroleum and Energy Ms Bru (Conservative)...

The Future of the Domestic Energy Supply Market
Shoosmiths LLP, September 2021

As consolidation in the domestic energy supply market continues, a new report has been commissioned by Shoosmiths and produced by Cornwall Insight. It considers what is driving the consolidation, whether this looks set to continue and the outlook for the market. Current situation At its peak in 2018, there were 62 suppliers of domestic energy in the UK market...

Curtailments Ordered in the Delta Watershed
Buchalter, August 2021

Water Law On August 20, 2021, the Deputy Director of the Division of Water Rights (Deputy Director) of the State Water Resources Control Board (State Water Board) issued water curtailment orders for the remainder of August and for all of September to approximately 4,500 water right holders in the Sacramento-San Joaquin Delta watershed (Delta Watershed).  These curtailment orders affect post-1914, pre-1914, and riparian rights, though in different ways, as described further below...

The Green Road to Electric Vehicles – Is It Time for Fewer Carrots and more Sticks?
Shepherd and Wedderburn LLP, August 2021

“We have to hurry, we have to get faster in the fight against climate change.” Those were the words of Angela Merkel, the German Chancellor, after surveying the devastation caused by record floods in western Germany in early July. Private transport is one of the world’s biggest sources of greenhouse gases, with emissions rising every year, and the transition to electric vehicles is fundamental in the fight against climate change...

Emergency Regulations Allow Curtailments in the Delta Watershed
Buchalter, August 2021

Water Law Effective August 19, 2021, emergency regulations were approved for water curtailment orders and related reporting requirements in the Sacramento-San Joaquin Delta watershed, defined as Hydrologic Unit Code level 4 Sacramento and level 4 San Joaquin subregions (Delta Watershed), as shown in the map below...

How Solar Installers Can Protect Themselves From Ongoing Bans on Internationally Sourced Components
Bradley Arant Boult Cummings LLP, August 2021

Renewable energy is more popular than ever before. Regulators and ratepayers are demanding new or higher renewable portfolio standards, and investors are eager for opportunities with companies satisfying environmental, social and governance criteria. The energy transition is here, and the question is no longer if we will electrify, but how quickly. Significant challenges remain. As the U.S...

Do Landlords have an Obligation to Provide their Tenants with a Water Supply?
Shepherd and Wedderburn LLP, August 2021

In the recent case of Granton Central Developments Ltd v Len Lothian Ltd, a commercial landlord appealed successfully against a Sheriff’s decision that it was obliged to provide, and that its tenant was entitled to receive, a supply of water to leased subjects.  Background to the utilities dispute Granton Central Developments Ltd and Len Lothian Ltd were the landlord and tenant respectively in terms of a lease of commercial premises in Granton, Edinburgh...

Will Replacing Generating Equipment at my FiT Installation Affect its Accreditation?
Shepherd and Wedderburn LLP, July 2021

If you are the owner of an ageing wind, hydro or solar installation that receives Feed in Tariffs (FiTs), you may be considering replacing part or all of the generating equipment to upgrade your installation. "Will repairing or replacing the generating equipment affect my accreditation?" This is something we are being asked increasingly often and, frustratingly, the FiT Legislation and Guidance is inconclusive on this point. But not for much longer...

Allocating Risk in Solar Power EPC Contracts: Texas Style!
Bradley Arant Boult Cummings LLP, July 2021

Co-hosted by the Texas Solar Power Association  Developing EPC Contracts involves many different stakeholders from investors, developers, contractors, and equipment suppliers. Allocating risk to the party that is in the best position to manage and control the risk is important to keep costs contained. Factors such as technology, cost constraints, schedule, stakeholders, safety, and performance are just some of the major issues that affect risk allocation...

A Sustainable Future for Birmingham – Part 3
Shoosmiths LLP, July 2021

In our last two articles, we have considered how transport may change over the coming years. This is of course only half the story. Clean energy production is possible within a city and there are many other technologies currently available, or just around the corner, which may revolutionise both the power grid and the quality of inner-city air. Energy generation It goes without saying that renewable energy sources will be critical to our future energy needs...

Law N°21.248 Priorizes Human Consumption of Water in State of Catastrophe
Carey, July 2021

On June 17, 2021, Law 21,348 (hereinafter, the " Law ") was published in the Official Gazette, the purpose of which is to legally guide the powers of the President of the Republic (hereinafter, the " President ") regarding the state of constitutional exception of catastrophe due to public calamity, in order to guarantee, in situations of pandemic, health crisis and natural disasters, the access and availability in sufficient quantities of water to the affected population...

The new “National Directive of Internal Order for the protection of National Critical Assets – ACN” is published
Rodrigo, Elias & Medrano Abogados, July 2021

On June 27, Supreme Decree Nº 005-2021-IN was published in the Official Gazette “El Peruano” adopting the new “National Directive of Internal Order for the protection of National Critical Assets – ACN” (“New Directive”)...

COVID-19: ANM Extends Validity of Mineral Titles and Suspension of Procedural and Material Deadlines until September 30, 2021
Veirano Advogados, July 2021

The National Mining Agency (“ANM”) amends Resolutions No. 28/2020 and 46/2020 due to the current COVID-19 pandemic and revokes Resolution No. 55/2021.   On June 30, 2021, the Federal Official Gazette published Resolution No. 76, by means of which the National Mining Agency (“ANM”) amends Resolutions No...

The Revised Rules of Practice and Procedure of the Energy Regulatory Commission
SyCip Salazar Hernandez & Gatmaitan, June 2021

The Energy Regulatory Commission (ERC) has revised its Rules of Practice and Procedure (Revised RPP) which govern the proceedings before the ERC through the issuance of ERC Resolution No. 01, Series of 2021.1 The Revised RPP took effect on April 13, 2021 (or 15 days after its publication in Business Mirror, a newspaper of general circulation). It allows the ERC to adapt to changes brought about by the COVID-19 pandemic and modernizes the ERC rules of procedure...

National Electric Coordinator Opens a Public Consultation Process to Set Criteria for the Application of the Open Access Regime
Carey, June 2021

On June 9, 2021, the National Electric Coordinator (“CEN”) opened a public consultation process on  a draft Internal Procedure (the "IP") that will provide the criteria applicable to the Open Access Regime established in Articles 79° and 80° of the General Law of Electric Services ("LGSE"), as a result of the entry into force of the Regulation on Transmission Systems and Transmission Planning (the "Regulation")...

Trendy Climate Change Leaves the Fashion Industry Hot Under the Collar
ENSafrica, May 2021

South Africans’ recent celebration of Freedom Day signalled 27 years of democracy. Through democracy, our Constitution further brought us rights and obligations to guide our rainbow nation, including freedom of expression and environmental rights to protect our environment, health and well-being while focusing on the sustainability of our environment. Although clothing serves a function and a need, for many, luxury clothing is the gold standard of self-expression and success...

Fit for Revolution? Key Considerations for the UK Government's Net Zero by 2050 Strategy
Shepherd and Wedderburn LLP, May 2021

As the UK makes progress towards a ‘Green Industrial Revolution’, Shepherd and Wedderburn is committed, through our Green Recovery Strategy and enhanced Sustainability Policy, to working with clients operating in a wide variety of sectors to contribute to a green recovery from the recession caused by the COVID-19 pandemic...

Moving Towards Future Electric Mobility: The Greatest Challenges
PLMJ, April 2021

Electric mobility represents a new language and a new dynamic for consumers who yearn for an accessible, extensive, digital, user-friendly charging network. In Portugal and abroad, the electric mobility sector has witnessed significant developments and it has shown itself to be a particularly dynamic market that is enjoying strong growth...

Companies Must Reach Net Zero Emissions to Stay Relevant to Investors
ENSafrica, April 2021

The race to achieve net zero emissions has played a significant role in pushing forward the fight against climate change. Key stakeholders are becoming alive to the opportunity presented by a decarbonised economy and those who do not get on board now risk being left behind. What chrnet zero? Simply put, net zero is premised on attaining a balance between greenhouse gas emissions produced and the amount removed from the atmosphere...



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