Energy and Infrastructure, Public Procurement and Public Law
The increasing complexity of the global regulatory environment challenges companies to find solutions for greater organization, specialization and sectorial knowledge. CTSU – a Deloitte Legal practice, combines global perspective with local insights to help them develop and execute those solutions.
Our Energy and Infrastructure, Public Procurement and Public Law team provides support to clients in areas such as:
- Energy, particularly renewable energy (solar, hydro, wind, biomass), oil and gas and thermal power;
- Infrastructure, including airports, roads, bridges, ports, stadia, telecom networks and rail;
- Regulatory, in areas such as the environment, health and pharmaceuticals, water and waste, transports, civil aviation, etc;
- Public Procurement, advising contracting entities, bidders or financing entities in all types of contracting procedures for the conclusion of contracts of Public-Private Partnerships, Concessions, Works and Services contracts;
- Administrative Litigation.
We act for sponsors, lenders, Governments and other Public Authorities, contractors and suppliers: our broad experience advising the full range of market participants, in local or international transactions, allows us to anticipate and understand concerns that may arise during the course of the deal and advance constructive solutions to them in a fast and efficient manner.
In Portugal we are particularly placed to advise on cross-border transactions involving Lusophone African countries (such as Angola, Mozambique or Cape Verde), always with the support of local lawyers, given the historical, cultural and linguistic ties connecting Portugal to such jurisdictions.
Our services include:
- Drafting and negotiating of project and commercial agreements, including EPC and O&M agreements, service, supply and cooperation agreements, offtake arrangements, agreements with governments and license agreements with reference to all relevant energy and resources areas of activity;
- Advice on all construction documentation relating to a project;
- Advice on all the licenses necessary for the implementation of the projects;
- Advice and legal due diligence related to M&A transactions, including acquisition of shares of companies having ownership of solar and wind energy plants or other regulated assets;
- Assistance with negotiations;
- Legal advice regarding Concession Agreements and regulated assets;
- Project finance and acquisition finance (both commercial bank and bond market financings) of Concessions or regulated assets;
- Assistance in corporate structuring and IPOs in regulated sectors;
- Regulatory market study activities: drafting regulatory reports on specific areas (e.g., gas, electricity, renewable energy) or market segments (upstream, midstream, downstream) to illustrate the legal requirements to enter and operate in the relevant market;
- Judicial support in administrative litigation proceedings;
- International reach: we work with other Deloitte Legal member firms across the world, as part of the wider energy and resources industry team, to develop solutions for global clients or cross-border transactions. Using Deloitte Legal practices around the world allows our clients to reduce the risks associated with operating across different jurisdictions;
- Interdisciplinary capacity: our advice is integrated with the other areas of practice of CTSU, in particular corporate, mergers and acquisitions, banking and finance and litigation, to act on strategic deals where public and administrative law is a key element.