PRACTICE AREAS

Energy, Oil & Gas and Foreign Investment

The Firm has extensive expertise in energy and oil & gas work and it represents a substantial number of the international energy companies carrying out exploration and production work in Trinidad and Tobago, both onshore and offshore. The Firm provides advice throughout the various stages of petroleum exploration, production and development and over the years has been involved in a manifold of large scale energy and energy related transactions.

A full range of core energy and energy related services is available to the Firm's clients and the practitioners in this area regularly advise on petroleum regulation, the administration of bid rounds, production sharing contracts, exploration and production licences involving both public petroleum and private petroleum rights (and hybrids of the two) as well as other petroleum licences. Members of the Firm have also been members of teams established by successful bidders to negotiate directly with the Ministry of Energy and Energy Industries on the final terms of production sharing contracts and with the Petroleum Company of Trinidad and Tobago (Petrotrin) on carry agreements.

Advice is also provided on a myriad of petroleum related agreements including joint operating, study, bidding and use agreements, oil mining leases, unitization agreements, farm-in agreements, purchase and sale agreements, gas supply agreements, pipeline interconnection agreements, service agreements and various others. Dedicated support and expertise is also available on peripheral energy related matters such as the provision of guarantees and performance bonds, confidentiality agreements, deeds of power of attorney, corporate services, HSE issues, anti-corruption issues, levies and taxes, real property transactions and various other issues that affect companies operating in the energy sector.

The Firm also boasts a solid background in foreign direct investment and, in particular, with assisting and advising major operators of industrial undertakings at all stages of their business operations. The Firm has advised clients making proposals to the Government for major industrial projects both in respect of those lodging bids pursuant to Government issued requests for proposals (RFPs) and independent project proposals, public and private sector partnerships (PPPs), joint venture arrangements and build, operate and transfer agreements.

These projects invariably involve advising on a wide array of planning and regulatory approval issues, fiscal incentives, corporate and tax issues (including issues relating to structural efficiency), negotiating and advising on project agreements, supporting leases and infrastructure use agreements (including pier and port usage agreements), wayleaves and rights of way and the supply and pricing of natural gas, electricity and water. The Firm's project work includes Government privatisation in the iron and steel industry, joint ventures in the liquefied natural gas, ammonia, methanol, di-methyl ether and offshore petroleum construction industries, investments in an iron carbide facility in a free zone, a direct reduced iron plant, air separation plants, power generation projects, proposed aluminum and downstream plastics manufacturing projects and the first offshore marine transshipment free zone established in Trinidad and Tobago.

The lawyers in this area also play a vital role as liaisons with regulatory agencies and state enterprises and they maintain a close working relationship with the personnel at these agencies and institutions, including, but not limited to, the Ministry of Energy and Energy Industries, Petrotrin, the National Energy Corporation of Trinidad and Tobago (NEC) and the National Gas Company of Trinidad and Tobago (NGC), Invest TT, the Trinidad and Tobago Electricity Commission, the Water and Sewerage Authority and the Trinidad and Tobago Free Zones Company.

Mark James Morgan, Partner | Jon Paul Mouttet, Partner