Cooperations between market participants are based on complex contractual relationships. The assessment and appropriate handling of legal risks in drafting contracts has hence become an entrepreneurial necessity. Therefore, one of the core areas of our advisory services is the drafting, assessment, amendment and negotiation of contracts of all kinds. This includes wholesale as well as end-customer contracts and also contracts that are necessary for the use of infrastructure, e.g. grids, and concession contracts.
The legal design and assessment of energy supply and trade contracts is one of the basics of all entrepreneurial activities on the energy markets. Disputes regarding the lawfulness of price adjustments and/or the drafting of supply contracts, which must be legally sound, often pose considerable economic risks. BBH provides its clients with comprehensive legal advice on all questions relating to the design of energy supply contracts including individual and standard trade contracts such as EFET and ISDA.
Our range of advisory services also comprises the drafting and continuous update of sample contracts and standard terms, which are already successfully used in the market. The analysis and evaluation of all kinds of supply contracts is another core component of our daily practice. In addition to these services, we also provide expert legal advice in the area of General Terms and Conditions, which are of major importance for the legally sound drafting of contracts and legal claims.
To make use of relevant infrastructure such as grids, numerous contracts have to be concluded. This includes balancing group contracts and delivery framework agreements as well as grid interconnection, grid access and grid connection contracts. We follow the developments on the European and national level very closely and continuously update our sample contracts for our energy business clients so that they meet the legal requirements at all times.
Furthermore, the drafting of easement agreements as well as water/wastewater concession contracts also forms part of the BBH portfolio.