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.