Energy and natural resources

Energy is one of the most important and fast changing industrial sectors both on a global level, as well as on a national level in Bulgaria. The worldwide problems related to greenhouse gas emissions reduction, growing global demand, security of supply and ageing energy assets are combined with the local specifics of Bulgarian energy market, such as: difficult transition from a regulated and centralized to liberalized market, insufficient grid capacity and need of significant investments for development and extension of the electricity grid, increasing electricity prices, etc.

The above specifics combined with the technical progress, increasing competition and stricter and constantly changing regulations require new and complex products and flexible approach.

Our team has the industry specific knowledge, experience and know-how combined with many years of advising on various areas of law. Therefore, we are capable of providing tailored advice meeting our clients’ complex needs and supporting them in each stage of their investments.

Our lawyers have advised numerous national and international energy suppliers and industrial enterprises in the energy sector involved in different activities (generation, transmission, distribution and supply, trading) and in different energy sectors (e.g. electricity, heating, renewables).

We have solid experience in renewables, as a hot topic of the sector over the last few years. Our services include among all: due diligence of renewable projects in different stage of their development, assistance in acquisition and/or disposal of such projects, drafting of joint-development agreements, regulatory advice on project development, etc.

We render a vast variety of services in the energy sector, including:

  • Advice on the entire lifecycle of energy assets, from consenting and planning process, through construction, financing, operation and maintenance
  • Practical assistance to sellers and acquirers in M&A transactions
  • Advice on the regulatory regimes and applicable legal requirements to the activity of different market participants
  • Practical assistance in licensing and other regulatory procedures
  • Drafting and negotiating agreements between sector participants, etc.

Recent work:

Stopping the improper use of insolvency proceedings

A client of our dispute resolution team (led by Kamen Shoylev and Yordan Neshkov) was recently the subject of an indirect claim by a Bulgarian bank with which this client has been engaged in a multi-stage dispute. Unusually, the bank acted through a vehicle registered in an African state, which made an unfounded claim in the tens of millions of euros against our client and sought the commencement of judicial insolvency proceedings against this client. The offshore vehicle was chosen to isolate the bank from liability and create certain evidential difficulties for our client's representation.

NBLO succeeded in terminating the insolvency proceedings, with direct loss fully awarded to our client. A second claim to recover our client's indirect losses is currently under way.

Where targeted in this way through insolvency proceedings, a company may be prevented from trading properly (e.g., by suffering restrictions on its financing or being unable to participate in public procurement).

Through our considerable experience in insolvency litigation, both entirely domestic and where there are European and cross-border elements, we are ideally placed to assist clients in resisting such attacks and recovering the real and considerable losses that may be suffered.

© New Balkans Law Office 2018