PRACTICE AREAS

Energy law

Expertise:

• Sales and acquisitions of energy companies
• Privatisation of energy companies
• Straddling gas reserves and maritime boundary issues
• Concession Agreements
• Price review arbitrations under gas supply agreements
• Investment protection claims under Bilateral Investment Treaties and Energy Charter Treaty
• EU reguation concerning the internal gas and electricity market, renewables and nuclear
• EU competition law and state aid as concerns energy
• Implications of Brexit
• Arbitrator in energy infrastructure and shareholder disputes
• Privatisations, mergers and acquisitions, restructurings to comply with EU law
• IGA, HGAs and Concession Agreements
• Energy transition

Representative advisory work:

• Concession Agreement: advised concerning a USD 1 billion LNG port project in India and, in particular, drafting and negotiating a BOT concession agreement with the state of Gujarat and preparing risk matrix
• Host Government Agreements: 
• advised on host government agreements concerning a large pipeline project in Central Asia
• member of the Legal Task Force of Energy Charter Secretariat to update the Model IGA and HGA (link)
• Electricity Supply Agreements: renegotiated electricity supply agreements after the new electricity trading arrangement was introduced in UK and advising on electricity trade agreements in Central and Eastern Europe
• Gas Supply Agreement: advising on negotiating gas supply agreements
• Solar Project: advised on the construction and financing of solar projects in Spain and Italy
• Waste to Energy: advising on waste to energy projects including in the UK and South Africa
• Privatisation: advised in respect of the privatisation of the largest Romanian energy company
• Merger & Acquisition: advised on numerous mergers and acquisitions, including on due diligence
• Investment Arbitration: 
• advised in respect of an investment claim against a Central Asian state under a Bilateral Investment Treaty and the Energy Charter Treaty concerning an oil concession
• advised on several investment claims pursuant to ECT and BIT which settled
• Price Review Negotiations and Arbitration: 
• advised one of the world biggest suppliers of LNG regarding price review negotiations and arbitration concerning a long-term GSA
• advised several buyers on price review arbitrations concerning long-term GSA
• Arbitration: 
• advised on numerous ICC, LCIA, VIAC and UNCITRAL arbitrations including with respect to shareholder disputes, construction of power plants and contractual dispute
• appointed as arbitrator in several arbitrations relating to disputes in energy sector
• Transit of oil and gas: Advised on right of the transit under ECT and international law
• EU Competition Law: advised energy companies concerning a potential EU competition law claim for abuse of dominant position in the gas market
• EU State Aid: advised UK energy company regarding EU state aid rules regarding renewables
• Energy Regulatory: 
• Advising on the EU price cap on gas, energy security and sanctions issues
• Advising on energy transition to zero carbon economy and climate change targets
• Advising on EU law concerning the internal market for gas and electricity including in the Ukraine and other Energy Community countries
• Advising the Commission and Energy Community Secretariat in respect of numerous studies of internal market and security of supply (link)
• Giving expert evidence on Nord Stream 2 and the inter-relationship between EU and international law(link)
• Advising on EU law concerning the internal market for gas and electricity including in the Ukraine and other Energy Community countries
• Advising on energy transition to zero carbon economy and climate change targets
• Advising on EU law concering nuclear safety and radioactive waste (link)
• Brexit: advising energy companies on the implications of Brexit on inter alia UK’s access to the internal energy market, state aid and nuclear energy

E&A Law has been ranked amongst the top UK law firms (tier 4) in Energy: oil and gas for the last 7 years by Legal 500.

Ana Stanič has been ranked amongst the top UK energy practitioners by Chambers & Partners for the past 7 years.

EU Law

Expertise:

• Environmental impact assessment and cross border consultations concerning nuclear power stations, LNG terminals and large industrial facilities
• Application of EU environmental law and policy in national law including representing parties before national courts and the CJEU
• Habitats and Birds Directive and the Environmental Impact Assessment Directive and their inter-relationship with CAP
• EU state aid guidelines for climate, environmental protection and energy
• Industrial Emissions Directive and Environmental Quality Standards
• Precautionary and Prevention Principles
• EU Climate Law and Biodiversity, Cross Border Capacity Mechanism
• Inter-EU Member States disputes and advising regarding infraction proceedings by the European Commission against Member States

Representative matters:

• EU Energy Law:
• implementation and Implications of the EU Third Energy Package
• appearing as an expert before an EU Parliament committee on the amendment to Gas Directive (link)
• advising on proposed Winter package and in particular the capacity mechanism, climate change targets
• advising on application of the EU Renewables Directive to UK decision to cease subsidies to small solar power installations
• EU Environmental Law:
• Implementation and application of Water Directives, Waste Framework Directive and other Waste Directives, air pollution, Renewables Directive under national regulatory and permitting legislation and enforcement
• Application of Nitrates Directive: C-293/97 reference from English High Court to ECJ. The case raised an early instance of the practical implications of the “polluter pays” principle as requirements on private sector operators (link)
• EU State Aid:
• advising RRF projects re. state aid implications
• advising on Just Transition Fund
• advising an energy company on the compliance of UK renewables policy with EU law on state aid, including preparing submissions to the European Commission
• advising an energy company on the compliance of UK renewables policy with EU law on state aid, including preparing submissions to the European Commission
• advising the European Investment Bank as to compliance with EU environmental state aid rules in respect of central European Member State capital city development, and representation of client before the European Commission
• EU Competition Law: advising on potential breaches of EU competition law
• Free movement of goods: C-293/02, a very rare case of a reference from the Royal Court of Jersey to ECJ. The case involved the key discussion as to the unlawfulness of charges for goods crossing a Member State internal border (link)
• EU Public Procurement Law: C-406/08 - reference from the English Court to ECJ regarding UK’s implementation of EU public procurement rules. The case raised important issues concerning the operation of EU principles of effectiveness, equivalence and legal certainty in public procurement challenge deadlines, subsequently applied to broader EU rights deadline challenge requirements (link)
• EU Common Agricultural Policy: C-220/01, a reference from the English High Court as to correct requirements for movement of live animals under animal health (TSE) between EU Member States (link), and C-428/07 - case concerned UK’s implementation of an Agri-environmental Regulation governing the entitlement of farmers to a minimum income for farming, and the constitutionality under EU law of an EU Regulation specifying implementation at sub-national level (link)
• Brexit:
• advising on the likely scenarios of the future UK/EU relations; advising on the energy and state aid implications of Brexit
• updating advice on application of EU environmental law to the military arising from the state of negotiations for and adoption of the Withdrawal Agreement and Political Declaration

International Law

Expertise:

• Espoo and Aarhus Convention
• Paris Agreement and follow on agreements
• Energy transition and resolving climate related disputes

Representative matters:

• General advisory work:
• advising on EU and international law aspects of environmental impact, habitat and water management assessments regarding the life time extension of nuclear power station as well as cross border consultation
• advising on EU and international law aspects of environmental impact,habitat and water management assessments regarding the construction of a nuclear storage facility as well as cross border consultation
• advising on EU and international law aspects of environmental impact,habitat and water management assessments concerning a large industrial facility
• advising a large industrial facility concerning the Industrial Emissions Directive, Environmental Quality Standards, Article 193 TFEU as well as the application Precautionary and Proportionality Principles
• advising an EU Member State on EU and international environmentallaw regarding proposed construction of large LNG terminal as well as matters of energy law and PCI
• advising on ability to invoke the overriding public interest exception under the Habitats Directive in various instances
• European Commission's gas and sustainability expert


• Actions before national courts and tribunals and the CJEU:
• Representing a farmer as regards differential treatment of EU agri-environmental regulations in England and devolved jurisdictions in the UK in CJEU: ex p Horvath Case C-428/07 (link)
• representing company in national courts regarding delay in issuing environmental permits and other breaches of EU law


• Environmental state aid:
• advising numerous companies on energy transition projects and eligibility for state aid
• Inter-state disputes, disputes with EU institutions and infraction proceedings:
• advising an EU Member State in relation to a cross-boundary environmental dispute with another EU Member State on development of LNG terminal including initiation of inter-EU state litigation before the CJEU
• advising a EU Member State in relation to infraction proceedings brought by European Commission
• Arbitration
• advising on energy transition commercial and investment treaty
• member of the ICC Task for Force on Climate Change

Arbitration and Dispute Resolution

Expertise:

• Institutional arbitrations including ICC and LCIA
• Price review arbitrations under gas supply agreements
• Investment arbitrations including ICSID and ECT
• Arbitrator
• Mediator
• Facilitation of maritime boundary disputes in East Med

Representative matters:

• International Commercial Arbitration: representing clients in numerous arbitrations including ICC, AAA, VIAC and LMAA
• Price Review Arbitration: advised one of the world's largest energy companies in respect of an UNCITRAL ad hoc price review arbitration pursuant to long-term gas supply contracts
• Investment Arbitration: advised an investor in respect of an ICSID arbitration pursuant to a Bilateral investment Treaty ("BIT") and Energy Charter Treaty ("ECT") raising issues of unfair treatment and expropriation
• Investment Agreements: lead counsel in negotiation of over ten BIT and Free Trade Agreements whilst working for the Slovenian government
• Host Government Agreements: advised a world leading energy company in respect of breaches of the provisions of ECT concerning the transit of oil and gas and of the provisions of host government agreements in Central Asia
• Arbitrator: co-arbitrator and chair in inter alia LCIA, ICC and SCC arbitrations concerning energy construction, energy infrastructure, shareholder and force majeure/sanctions disputes
• Mediation: advised one of the largest world resource company regarding a mediation for a breach of a call option agreement
• CEDR accredited Mediator
• Commercial Litigation: advised one of the largest resource companies in respect of English court proceedings
• Commercial Litigation: represented a large Polish telecom company in respect of a claim for breach of bond covenants before the English Court of Appeal
• Advisory: advised on issues such as enforceability of exclusive jurisdiction agreements, forum non conveniens, mandatory rules and public policy
• Advisory: drafting arbitration agreements

Environmental Law

Expertise:

• EIA and cross-border consultations under Espoo Convention
• Habitats Directive; Industrial Emissions Directive, EU Climate Law; EU CA
• EU state aid environmental guidelines
• Inter-EU Member States disputes
• Pleadings before CJEU
• Application of EU environmental law and policy in national law including representing parties before national courts and tribunals and the CJEU
• Environmental permit applications, statutory appeals and regulatory and enforcement actions
• Waste management
• Water legislation
• Horizontal legislation including the Habitats Directive; the Environmental Impact Assessment Directive; and the Environmental Liability Directive
• EU state aid environmental guidelines
• Enforcement proceedings by the European Commission against Member States (infraction proceedings) and inter-EU Member States disputes
• Brexit

Representative matters:

• General advisory work:
• on application of the Renewables Directive to proposed UK withdrawal of subsidies for solar power generation
• advising on EIAs and cross border consultation concerning large energy infrastructure projects including life time extension of nuclear power station, nuclear spent fuel facility and LNG Terminal
• advising privatised water and sewerage undertakers on the application of EU water legislation, waste legislation, Habitats Directive, and the Environmental Liability Directive
• advising a company on scope of application of the Environmental Impact Assessment Directive to development works, including demolition
• advising operators on application of the Renewables Directive to proposed UK withdrawal of subsidies for solar power generation
• advising water and sewerage companies on the exercise of statutory rights to connect into existing and future supply and service networks
• Actions before national courts and tribunals and the CJEU:
• representing a farmer as regards differential treatment of EU agri-environmental regulations in England and devolved jurisdictions in the UK in CJEU: ex p Horvath Case C-428/07 (link)
• representing farmers as regards the application of the “polluter pays” principle in the implementation of the Nitrates Directive in domestic law, before CJEU and domestic courts: ex p Standley Case C-293/97 (link)
• representing a farmer as regards differential treatment of EU agri-environmental regulations in England and devolved jurisdictions in the UK in CJEU: ex p Horvath Case C-428/07 (link)
• representing waste management companies in the “piggy-back” litigation for new landfilling operations
• acting in various arbitrations concerning the contracting out of local authority environmental responsibilities, including “cost pass through” disputes
• representing a company in various PFI profit-share adjudications and subsequent commercial court proceedings
• representing company and individuals in environmental warranty disputes concerning EU technical standards
• acting for various companies facing statutory and common law nuisance claims, including under Group Litigation Orders
• acting for a large land estate in respect of attempts by environmental regulator to shut down estate operations due to alleged infringements of Habitats Directive requirements
• Environmental permitting regime, and regulatory enforcement action:
• advising on implications of habitats directive on farming methods
• advising on complex environmental permit issues concerning EU Industrial Emissions Directive
• advising on the submission of technically complex environmental permit applications concerning EU surface waters, groundwater and water framework directives, and the Industrial Emissions Directive
• representing commercial operators and privatised water and sewerage undertakers in 1,000’s of appeals contesting rejections of applications for environmental permits, imposed variations and specific environmental permit conditions
• acting for a water and sewerage company against environmental regulator’s asserted Habitats Directive infringements aiming to alter commercial and statutory operations
• Waste Management:
• advising leading foodstuffs producers, new technology developers and land developers regarding the definition of “waste” and “by product” for regulatory permitting and statutory and criminal enforcement purposes
• advising waste collection company on correct application of duty of care duties regarding municipal waste
• representing waste management companies in various matters concerning Landfill Directive environmental permits
• advising on application of waste regulations to developing techniques and technologies
• advising on use of lex specialis in waste legislation regarding use of sludge, and as to national composting rules
• Environmental state aid:
• advising energy transition projects on environmental state aid, Just Transition and Green Deal
• advising the European Investment Bank and EU Member State capital city on application of EU environmental state aid guidelines, and representing the Member State before the European Commission
• Inter-state disputes, disputes with EU institutions and infraction proceedings:
• investigating alleged non-compliance with international procurement rules on a power project in an EU Member State, and advising as to possible conflict with EU environmental law and policy
• advising an EU Member State in relation to a cross-boundary environmental dispute with another EU Member State on development of LNG energy resources and supply, and considering the raising of a complaint to the European Commission and initiation of rare inter-EU State litigation before the CJEU
• advising the European Commission on compliance by a Member State with EU public procurement in environmental contracted out services
• investigating alleged non-compliance with international procurement rules on a power project in an EU Member State, and advising as to possible conflict with EU environmental law and policy
• advising an EU Member State in relation to a cross-boundary environmental dispute with another EU Member State on development of LNG energy resources and supply, and considering the raising of a complaint to the European Commission and initiation of rare inter-EU State litigation before the ECJ
• Brexit
• advising on changes in UK environmental law post Brexit
• advising on application of EU environmental law to the military in England in the light of the Brexit referendum, ongoing negotiations and UK parliamentary debates
• advising on potential impact of Brexit on post-Brexit ongoing infraction proceedings against the UK and risks of new liability issues

Arbitrator

Arbitrator Profile:

• Ana Stanic is a renowned international arbitrator with over 25 years dispute resolution experience specialising in energy law, EU law, and international law, with a particular focus on international arbitration. She is a member of Arbitra International, with offices in London, Abu Dhabi and Washington DC.
• She has served as an arbitrator (including as chair) for prestigious institutions such as the ICC, LCIA, ICDR, and SCC and has acted as counsel for companies and States in numerous investment treaty and commercial arbitrations including concerning gas price reviews.
• Ana has also provided expert testimony on the interplay between EU energy law and international law before the European Social and Economic Committee and appeared before Court of Justice of the European Union.
• She has advised on inter-State disputes including maritime boundary disputes concerning straddling gas reserves, environmental disputes and disputes before International Court of Justice. As a member of the Slovenian government she negotiated over ten BITs and FTAs.
• Ana has been a member of the PCA Court of Arbitrators since 2019, and was nominated by the European Commission as an arbitrator and sustainability expert in respect of bilateral disputes under the EU's trade and investments agreements with third countries in June 2022.
• In addition to her extensive arbitration experience, Ana is a recognised authority in the field of energy law, being listed among the top Energy and Natural Resource lawyers in the UK by Chambers & Partners in recent years.
• Ana has contributed to academia as a visiting professor at institutions such as Technische Universität Berlin, CEPMLP (Dundee), and UIBE (China).
• Her expertise spans across multiple countries, including the UK, CEE, Ukraine, Kazakhstan, Georgia, Russia, China, East Mediterranean, Spain, Italy, Nigeria, Australia, and Turkey.
• Member of ARBITRATION PANELS of BAC, CIETAC, ICDR, VIAC as well as the Croatian, Georgian, Polish, and Slovenian Arbitrations Centres
• Ana has been a member of the ICC CEE Commission for Arbitration and ADR since 2017 at ICC’s invitation and an Australian member of the ICC Commission for Arbitration and ADR from 2018 to 2024