On 3 November 2015, the Energy Charter Secretariat, with the kind support of King & Wood Mallesons, organised a successful workshop on Complex contract Negotiations in the Energy Sector for Government Officials.
The interactive workshop was organised in support of the G-7 initiative on Strengthening Assistance for Complex Contract Negotiations (CONNEX) to provide developing countries with additional resources for negotiating complex commercial contracts.
It brought together international experts and government officials (from the EU Commission and 19 different states in Europe, Africa, Asia and Latin-America) involved in investment promotion, dispute resolution and contract negotiations with foreign investors.
Speakers included:
Ramón García-Gallardo, Partner at King & Wood Mallessons, opened the workshop and provided participants with a clear overview on the contractual structure of rights and obligations;
Sophie Thomashausen, Senior Legal Researcher at the Columbia Center Sustainable Investment, presented the Roadmap and negotiation support portal, which facilitates access to useful tools and resources;
Alejandro Carballo, the Legal Counsel of the Energy Charter, explained that since the beginning of 2015, the Energy Charter Secretariat has been working on a handbook explaining the general provisions applicable to investment contracts in the energy sector (including policy options and model clauses);
Peter Cameron, Professor at Dundee University, provided participants with a useful short checklist for complex contract negotiations in the energy sector;
Alvaro Galindo, Partner at Dechert, addressed the issues of applicable law and sovereign immunity provoking a very interesting debate on attachment of sovereign assets;
Graham Coop, Partner at Volterra & Fietta, explained the main policy options to be considered when drafting a dispute resolution clause;
Michael Polkinghorne, Partner at White & Case, closed the workshop with a very practical debate on stabilization clauses and periodic reviews.