Skip to main content

Legal Advisory Task Force

The Legal Advisory Task Force (LATF) was set up by the Energy Charter Secretariat in 2001 to assist in the drafting of balanced and legally coherent Model Agreements for cross-border oil and gas pipelines.

The LATF is currently supporting the work of the Energy Charter Secretariat in discussing improvements to the dispute settlement mechanisms under the Energy Charter Treaty as well as policy options in relation to some general clauses contained in investment agreements (investor state contracts) in the energy sector.

Members of the LATF

The members of the LATF are all senior lawyers from energy companies and internationally recognised law firms. The LATF brings together a wealth of experience and knowledge in the energy sector and provide a wide range of expertise in the various areas relevant to energy projects, including taxes, litigation, project finance and insurance. The members of the LATF have represented the interests of States, investors, upstream energy suppliers and financiers, thus ensuring a balanced approach to the Model Agreements project.

The Model Agreements Project

The Energy Charter Conference welcomed the work of the Energy Charter Secretariat, with the valuable assistance of the Legal Advisory Task Force in preparing and updating Model Agreements as a set of non-legally-binding guidelines for the negotiation of cross-border projects.

Model Agreements for Cross-Border Pipelines

Model Agreements for Cross-Border Pipelines
Типовые соглашения для трансграничных трубопроводов

The Second Edition of Pipeline Model Agreements consists of:

  • an Intergovernmental Pipeline Model Agreement (IG-PMA) for state-to-state agreements; and
  • a Host Government Pipeline Model Agreement (HG-PMA) for agreements between an individual state and the project investors.

In 2004, the first edition of PMAs helped to provide a basis for negotiations between Kazakhstan and Azerbaijan on the trans-Caspian Aktau-Baku transport system, which would provide an additional export route for Kazakh energy resources through the Baku-Tbilisi-Ceyhan pipeline. This is an example of how PMAs could be of help to facilitate negotiations for cross-border pipeline projects.

The second edition of PMAs, welcomed by the Energy Charter Conference in December 2007 and released in 2008, includes an explanatory note which gives a brief account of the purpose, nature and structure of both the IG-PMA and the HG-PMA.

The Second Edition of Pipeline Model Agreements is available in English and Russian.

Model Agreements for Cross-Border Electricity Projects

Model Agreements for Cross-Border Electricity Projects
Типовые соглашения для трансграничных электроэнергетических проектов

Electricity Model Agreements consist of:

  • an Intergovernmental Electricity Model Agreement (IG-EMA) for state-to-state agreements; and
  • a Host Government Electricity Model Agreement (HG-EMA) for agreements between an individual state and the project investors.

The EMAs, welcomed by the Energy Charter Conference in November 2008 and released in 2011, include an explanatory note which gives a brief account of the purpose, nature and structure of both the IG-EMA and the HG-EMA.

The Electricity Model Agreements are available in English and Russian.

Market and System Inter-Operability Agreement Guidelines for Cross-Border Electricity Projects

Market and System Inter-Operability Agreement Guidelines for Cross-Border Electricity Projects
Руководство к разработке типового соглашения по рыночному и системному взаимодействию для трансграничных электроэнергетических проектов

In the course of preparing the EMAs, a need was identified for a third document, namely, the Electricity Model Agreement Guidelines (GEMA), in order to deal with the operational issues specific to cross-border electricity projects. Therefore, the Secretariat has developed GEMA with the help of consultants and with the valuable assistance of the Legal Advisory Task Force.

GEMA, welcomed by the Energy Charter Conference in December 2009 and released in 2011, includes a section which explains its background and purpose.

The Market and System Inter-Operability Agreement Guidelines for Cross-Border Electricity Projects is available in English and Russian.