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The first half of 2020 has uncovered new challenges in the energy industry around the world. Expert panelists will analyze and discuss the origin and effects of the latest regulatory developments in the hydrocarbon and power industries in Mexico and Colombia, and present effective risk mitigation mechanisms that can be used to protect projects and investments.
MCLE credit for this program was only requested from and approved by the State Bar of Texas. This may be because of the subject matter, because of a lack of substantive written material, or because of the audience for the original program. You may still be able to obtain credit in other jurisdictions—either participatory or self-study credit—but the rules vary greatly by jurisdiction. Please review your jurisdiction’s MCLE rules and regulations before purchasing or viewing this program.
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There are no handouts for this program. Please note that the lack of substantive written material may cause a regulatory agency to refuse to grant MCLE credit for the program.
Eduardo Canales counsels public and private companies and private equity funds in complex, multijurisdictional transactions including: Mergers and acquisitions; Divestitures; Joint ventures; and Project development. Eduardo represents developers, sponsors and investors in acquisitions, divestitures, development and operation of renewable energy projects. Eduardo has a particular focus on the upstream, midstream and oilfield services sectors and provides ongoing advice to clients on a variety of matters.
For 37 years, Mr. Bowman has represented energy companies in arbitration and litigation, including in disputes concerning expropriation of facilities and contract rights, production sharing contract disputes (renegotiation demands, windfall profits taxes, cost recovery, gas migration, failure of state oil company to pay costs, gas marketing rights), AMI and confidentiality agreement disputes, joint operating agreement disputes (removal of operator, joint interest billings, preferential purchase rights, voting rights, sole risk operations), failure to develop, disputes between investors and promoters, seismic licensing disputes, drilling contract disputes (existence of contract, mob delay, indemnification for pollution), natural gas and LNG contract disputes (price reopeners, destination clauses, take or pay, ratable takes, minimum takes, reserve substitution, contract extension, gas quality and measurement), gas marketing disputes (failure to deliver, imbalances), royalty owner disputes (drainage, failure to market, affiliate sales, calculation and payment of royalties, lease termination), and property valuation disputes (including look-backs), as well as in contested proceedings before the Federal Energy Regulatory Commission and the Texas Railroad Commission, Oil & Gas Division.
As an important part of his energy practice, he works closely with experts in the energy industry, including petro-fiscal system consultants, geophysicists, geologists, petroleum engineers, well completion and production engineers, gas measurement specialists, gas contract administrators and gas marketers, joint interest auditors, experts in utility regulation, and experts in the history and development of U.S. and foreign energy sectors.
Elisabeth Eljuri is an Independent Arbitrator and Energy Consultant. She practiced law for nearly three decades with a focus on Latin America, and is considered a leading authority in the areas of energy, natural resources and major projects. Her experience covers an extensive international disputes practice as well as a world-class transactional practice, which she rounded up with close to four years as an executive in an oil company. This provides her with an integral and sophisticated understanding of the industries and cases she is involved in at the highest level that can be achieved in legal practice.
Immediately prior to her current role as arbitrator and consultant, Ms. Eljuri was with Sierra Oil & Gas until 2019 where she was the Vice President, Chief Negotiator and Chief Legal Counsel. Sierra was a private equity- backed oil upstream company which was created by three major US funds to capture opportunities in the Mexican energy market. She remained there until the successful exit and sale of the company to a large European energy company. Ms. Eljuri was one of two lead negotiators of such sale.
Before venturing into private equity and her executive role, she spent 27 years in legal practice at two of the world’s largest law firms. Until December 2015, Ms. Eljuri was the Head of Latin America of Norton Rose Fulbright where she was a senior partner of the Firm focusing in the areas of international arbitration, energy and natural resources and projects/infrastructure for nearly 18 years.
José Antonio Rivas is founding partner of Xtrategy. He is an expert on the various phases involving foreign investments in a host State including its promotion, establishment, and investment dispute resolution through international arbitration. Mr. Rivas concentrates his practice in international investment arbitration and international law. He brings experience from government in Latin America in solving complaints and disputes submitted by foreign investors, as well as from the International Centre for Settlement of Investment Disputes (ICSID) where he served as Counsel. Mr. Rivas' experience involves defending sovereign States in international investment arbitration before ICSID and in commercial arbitration before the International Chamber of Commerce (ICC). His experience includes representation of private parties from Asia in investment treaty and breach of contract arbitrations at ICSID and the ICC.
Guillermo Ignacio García Alcocer was Chairman of CRE (Federal Energy Regulatory Commission), the energy regulator in Mexico, from April 2016 to June 2019. Mr. García Alcocer is an economist who´s expertise spans across a wide range of areas within the Mexican energy industry, including economic and technical regulation, public policy design and business evaluation and development. In his last responsibility, Chair of CRE, he was in charge of the energy logistics regulation, as well as the electricity market regulation.
In his prior responsability he led the technical team at the Ministry of Energy that drafted the energy reform on hydrocarbons (both constitutional and secondary), as well as the regulation (reglamento). He was in charge of the design of the E&P contracts of the fist two rounds.
He has also been the General Director Industrial Development of Hydrocarbons in the Mexican Ministry of Energy, where he led the design and approval of refining, petrochemical and logistics ventures. He was in charge at the Ministry of Energy of the pipelines development plan and the Etileno XXI project. Mr. García Alcocer was also appointed as acting officer in charge of the Undersecretary of Hydrocarbons during the governmental transition in 2012.
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