Energy

The energy sector in Mexico is undergoing substantial transformation and development, and a huge number of business opportunities are arising. Is your business in the loop? Let us help you prepare your business to participate, be active in bids, and take part in the services and leasing opportunities within the Mexican energy sector. Whether your business is involved in the upstream, midstream or downstream oil & gas sectors, or in any electricity-related business, we can represent your company in Mexico in the developing of your business, the relationship with third parties and/or with PEMEX, CFE and the newly formed energy agencies. We will be able to protect your technology, negotiate new ventures and opportunities and structure and negotiate that consortium that you want to be a part of. We can help you properly and timely file your bid documents, maximizing your possibilities of a successful award. Let us advice you with your lease or service agreements for that rig, those offshore projects or the development of your power generation plant, and guide you through the authorities and regulatory process. Let us help.

Services and related transactions

Drafting and Negotiating Joint Venture and Consortium Agreements.

  • General legal advice to a number of foreign companies in connection with their joint venture & consortium agreements and negotiations, most of them related with their participation in bids and auctions within the Mexican energy sector.
  • Advising a U.S. company in the drafting and negotiation of a joint venture agreement with a Mexican private fund, related to the selling of machinery to energy sector companies involved in oil & gas projects.
  • Structuring the entities and agreements implemented for the design, financing, construction, operation and management of an electric power production facility in Mexico by Cemex.
  • Proposing a structure for a joint venture between a green energy technology European company, a private investment fund and a Mexican company in their participation of a green energy power plant construction in Mexico.
  • Negotiated an MOU and Consortium Agreement involving a number of Mexican and U.S. companies, in connection with the consortium’s participation in an international bidding process with the Mexican CFE.
  • Participated in the drafting of an MOU for the development of new technologies in the energy business in Mexico, between a U.S. technology company specializing in the oil & gas sector, and a Mexican corporate group.
  • General advice to Archer Well Company in its negotiation of a collaboration and consortium agreement with a Mexican counterparty.

Legal advising in the establishment of power plants projects.

  • Advising companies, whether with foreign or domestic investment, in their plans for the structuring and development of electric power production projects to sell power to qualified consumers in Mexico.
  • Proposing an agenda to a Mexican company for the start-up of an energy project for the construction of an electric power production plant.

General Foreign Investment Advice and Operations’ Structuring.

  • Participating in a transaction implying the design, financing, construction, operation and management of an electric power production facility in Mexico by Cemex, including the drafting of several of the mayor agreements involved in the transaction, among them an investment, operating and management trust to which several international financial institutions were parties.
  • Provided general corporate legal advice to former oil & gas player Pride International in connection with the company’s business start-up in Mexico.
  • General corporate and foreign investment advice to Archer Well Company, regarding its Mexican operations.
  • General legal advice to a group of U.S.-based companies in connection with certain agreements related to the companies’ start-up operations in Mexico, including regulatory compliance in foreign investment matters.
  • General legal advice to a number of Mexican subsidiaries of foreign companies in connection with their compliance with a number of environmental and regulatory matters.

Mexican Anti-Corruption Compliance, and Support in Complying with FCPA, the UK Bribery Act 2010 and other Similar Foreign Laws.

  • Advised Archer Well Company in the review of certain of its Mexican partner’s operations under the FCPA provisions, and supported in designing a compliance mechanism and its implementation, including negotiations with the counterparty for documentation of an agreement between the parties.
  • Advised U.S. and U.K. based private and public companies in the implementation of anti-bribery provisions in the agreements in which they are parties, related with their direct or indirect operations in Mexico.
  • Analysis and design of anti-corruption compliance policies for Mexican companies, most of them subsidiaries of foreign companies.
  • General legal advice to foreign and domestic companies in connection with the new Mexican anti-corruption legal framework.

Advice and Representation in Public Bidding Procedures with PEMEX and CFE.

  • Represented Archer Well Company in the preparation of all documents, and the submission, of a number of direct and indirect bids before PEMEX.
  • Represented former oil & gas company Pride International in a number of bidding procedures before PEMEX, in connection with the company’s Mexican operations.
  • Represented a Consortium formed by a number of Mexican and U.S. companies in its participation in an international bidding process with the Mexican CFE.

Drafting and Negotiation of Lease and Services Agreements for the Energy Sector.

  • Represented Archer Well Company in the drafting and negotiation of a long-term equipment lease agreement with Materiales y Equipo Petrolero, in connection with its operations with PEMEX.
  • Advising Prodensa in the negotiation of manufacturing and other services agreements with a number of major global players in the energy sector.
  • Represented former oil & gas service provider Pride International in its negotiation of a number of operational agreements for the company’s Mexican operations.
  • Drafting, negotiating and formalizing EPC agreements for power generation plants in Mexico.

General Corporate Advice for Companies in the Energy Sector.

  • Drafting, negotiating and formalizing an agreement to sell metrics navigation instruments to a shipping company for its ships used for the oil & gas industry.
  • Advising Prodensa in the negotiation of manufacturing and other services agreements with a number of major global players in the energy sector.
  • Drafting and negotiating services, representation, sales and agency agreement for Ingenieria Especializada, for the global supply of specialty valves used in the oil & gas business.
  • General advice to Archer Well Company in its intended acquisition of another U.S. company substantially involved in providing services to companies within the Mexican energy sector.
  • Structuring and drafting a MOU for the development of new technologies and business opportunities in the energy business in Mexico, between a U.S. technology company specializing in the oil & gas sector based in Houston, Texas, and a Mexican corporate group based in Monterrey, Mexico.
  • Represented former oil & gas service provider Pride International in its overall Mexican operations, including negotiations of consortium agreements, bidding proceedings, incorporation and branch registration, and a number of day-to-day operations of the company in the Gulf of Mexico region.
  • Provided overall labor advice to a number of Mexican companies, subsidiaries of foreign entities, in connection with their Mexican operation in the energy sector.
  • Represented Archer Well Company in its structuring and incorporation to conduct business in Mexico, and in a number of ongoing day-to-day matters.
  • General advice for the restructuring and revision of multiple Water Rights’ Titles and the rights derived thereof, as well as in connection with zoning and land use changes and permits, including successfully obtaining zoning and land use changes in highly-sensitive zones within the Mexican territory.

* For confidentiality purposes, we do not disclose the names of our clients in all representative transactions which are referenced above and within each of our practice areas.