Freshfields Bruckhaus Deringer generously agreed to organise a case study covering the transactional and dispute resolution side of an energy project. The first Freshfields case study took place in the academic year 2014-2015.
The case study is based on real examples of negotiations of upstream contracts. The event is hosted at Freshfields London office. After some introductory comments from energy lawyers, students are allocated a particular role, for example, host Government.
They are given a Heads of Terms and must try to reach agreement on the main terms of a granting instrument. This really highlights for students the importance of revenue raising mechanisms, minimum works programme and local content requirements. In addition, as each team often reach different results the importance of the negotiation process is clear.
The second part of the case study relates to energy disputes and identifies the different types of disputes that can arise from contractual to investor state under the Energy Charter Treaty.
The Freshfields Case Study is a highlight for students and acts as an excellent revision for several energy modules.