Energy & Natural Resources

Projects that must last for years

Energy projects tie up capital over long periods and touch on almost every area of law at the same time: corporate law for the project company, contract law for construction and delivery, administrative law for permits, tax law for financing. We accompany these projects from structure to operation — and, if necessary, to disputes.

Project Development and Structure

At the beginning, it is rarely the technology, but the question of who bears which risk. Is a separate project company established, and if so, in which country? How are shares held when multiple investors are involved, and what happens if one wants to withdraw? What securities do the financiers require, and what does that mean for the scope of action in ongoing operations?

These decisions have an impact over the entire duration. They can only be corrected later with significant effort — and usually only if all parties agree.

Contracts along the Chain

An energy project consists of a chain of contracts that must fit together: land and access rights, delivery and construction of facilities, grid connection, operation and maintenance, acceptance of the generated electricity or raw material. If there is a gap between two contracts, the project sponsor usually bears the risk in the end.

Therefore, we do not examine individual contracts, but their interaction: Do the deadlines align? Does the supplier's liability cover what the buyer holds you accountable for? And what applies if prices, exchange rates, or framework conditions change significantly during the term?

Permits and Regulation

Hardly any project fails due to the contract; many fail due to a permit that was applied for too late or a requirement that no one had planned for. We clarify early on which authorities are responsible, what evidence they require, and in what order the procedures must take place — and we handle the correspondence to ensure that a query does not turn into a procedure.

Additionally, there are sector-specific requirements, grid access conditions, and, for cross-border projects, foreign trade law reviews. These also belong on the timeline, not in the final phase.

When Disputes Arise

Delays, defects, and additional costs are more the rule than the exception in energy projects. What is crucial then is what has been documented and which deadlines have been met. We secure the foundation before negotiations begin and conduct the dispute where it belongs — in negotiations, arbitration, or court.

Germany and Turkey

For projects related to both countries, additional questions arise: Which law applies to which contract in the chain? Where is it decided when disputes arise? And can a title be enforced where the facility is located or where the assets are? We answer these questions from a single source, together with the law firms of our partners in Istanbul and Ankara.