Stuarts Legal’s Competencies in the Project for the Construction of a Polyethylene Production Complex in the Kingisepp District of Leningrad Region
The consultant represents the interests of the client in the project – “Baltic Chemical Complex” (2020-2023).
- Analysis of the project’s contractual structure, competencies, and responsibilities of the parties within the project. Understanding the distribution of risks among project participants, including technical risks. Preparation/analysis of risk matrices (legal, commercial, financial, technical) in collaboration with the client’s project team.
- Preparation of an EPC contract under English law, along with additional agreements and appendices/regulations. This includes financial, commercial, and technical aspects, taking into account the bankability criteria from project creditors.
- Negotiation of EPC terms with the Chinese contractor – “China National Chemical Engineering No. 7 Ltd.”
- Preparation and incorporation of changes in licensing agreements under English law with American and French licensors (Axens, Univation, McDermott). Participation in negotiations with licensors.
- Agreement of EPC contract terms with the creditor (VEB.RF), creditor’s legal consultant, technical consultant, insurance consultant (Marsh/Willis), and the client’s internal departments.
- Analysis and incorporation of changes in technical appendices. Collaboration with the technical team of the client.
- Consultation on matters of EPC contract execution, related appendices, and additional agreements. This includes contractual law, corporate law, intellectual property, insurance, liability including environmental aspects, real estate, and land-related matters under Russian and English law. Preparation of legal opinions on project-related matters, excluding tax and customs law issues.
- Participation in the coordination of credit documentation with project creditors and internal financial departments.
- Interaction with Export Credit Agencies (ECAs) in organizing foreign funding.
- Preparation and agreement of the form of a direct agreement with the creditor and ECAs under English law.
- Preparation and agreement of the construction all-risk (CAR) insurance contract, cargo insurance, and contractor’s professional liability insurance with the insurance broker and project participants.
- Preparation of appeals to the Council of Europe regarding the lifting of sanctions from project participants and their exclusion from the scope of Council Regulation (EU) 833/2014.
- Preparation of appeals to BIS for the purpose of obtaining an export license for equipment.