Energy

The Energy Law practice group provides a full range of Swiss contractual, corporate, financing and regulatory advisory services to Swiss and international clients in the energy sector. Our experts are experienced in representing clients in administrative procedures with the regulatory authorities as well as in national and international litigation or arbitration proceedings.

Our expertise

We advise and represent companies, investors and public and private utilities in all legal aspects of the Swiss energy market, including its regulation and liberalization. With a Swiss and international client base, we focus on energy production, energy transmission, energy supply and energy trading. Experts in our field, we are well placed to support clients across the energy landscape and contribute to their success in a highly regulated environment.

Our services

Pestalozzi's Energy Law practice group advises clients in the following areas of Swiss law:

Corporate law

• Structuring of energy companies, holdings and joint ventures
• Corporate governance, especially governance of partner-owned energy companies ("Partnerwerke")
• Support for shareholders, boards of directors and management
• Joint venture and shareholder agreements between partners
• Transfer of participations
• Pre-emption rights, national and international co-operation arrangements, outsourcing projects, public private partnerships (PPP)

Contractual law

• Industry-specific agreements, e.g. local, regional end international energy supply agreements
• Sale and purchase agreements
• Long-term contracts (LTC), power purchase agreements (PPA)
• Grid connection contracts, grid usage contracts, grid usage models
• Self-consumption models
• Purchase agreements for special equipment, etc.

Administrative law: Regulatory advice and procedures

• Advice in all regulatory issues
• Representation in legal proceedings before the Swiss regulators (including ElCom, the Competition Commission and the Price Surveillance Office), the administrative courts and superior court instances
• All matters related to regulation at federal and cantonal level, e.g. power supply (StromVG, StromVV), requirements and subsidies under the federal energy act (Energiegesetz), federal electricity act (EleG), federal water rights act (WRG), gas supply regulation, solar energy, etc.

Concessions

• Legal support in applications for new or renewals of existing concessions (in particular in the field of hydropower)
• Negotiation of concession agreements, tariffs and prices, interpretation of concession agreements based on federal and cantonal law

International treaties

• Advice and representation before the competent authorities regarding international treaties in the energy sector, e.g. regarding cross-border hydropower plants, capacity auctions, etc.

Financing

• Advising borrowers and lenders on financing agreements
• Advising borrowers and lenders on structuring, taking and enforcing security over energy related assets

Exchange

• Regulatory and contractual advice for participants and infrastructure in the field of electricity exchanges

Disputes – Litigation and Arbitration

• Representation in disputes arising from the physical trading and supplying of commodities, such as coal, gas, and oil, including price adjustment claims in long-term contracts
• Representation in disputes arising from international construction projects in the energy industry, including projects in the fossil fuel industry, such as oil rigs, as well as projects in the renewable energy sector, such as hydropower plants, wind parks and solar power plants