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  • 1.

    Describe the areas of energy development in the country.

  • 2.

    Describe the government’s role in the ownership and development of energy resources. Outline the current energy policy.

  • 3.

    Describe any industry-standard form contracts used in the energy sector in your jurisdiction.

  • 4.

    What rules govern contractual interpretation in (non-consumer) contracts in general? Do these rules apply to energy contracts?

  • 5.

    Describe any commonly recognised industry standards for establishing liability.

  • 6.

    Are concepts of force majeure, commercial impracticability or frustration, or other concepts that would excuse performance during periods of commodity price or supply volatility, recognised in your jurisdiction?

  • 7.

    What are the rules on claims of nuisance to obstruct energy development? May operators be subject to nuisance and negligence claims from third parties?

  • 8.

    How may parties limit remedies by agreement?

  • 9.

    Is strict liability applicable for damage resulting from any activities in the energy sector?

  • 10.

    How do courts in your jurisdiction resolve competing clauses in multiple contracts relating to a single transaction, lease, licence or concession, with respect to choice of forum, choice of law or mode of dispute resolution?

  • 11.

    Are stepped and split dispute clauses common? Are they enforceable under the law of your jurisdiction?

  • 12.

    How is expert evidence used in your courts? What are the rules on engagement and use of experts?

  • 13.

    What interim and emergency relief may a court in your jurisdiction grant for energy disputes?

  • 14.

    What is the enforcement process for foreign judgments and foreign arbitral awards in energy disputes in your jurisdiction?

  • 15.

    Are there any arbitration institutions that specifically administer energy disputes in your jurisdiction?

  • 16.

    Is there any general preference for litigation over arbitration or vice versa in the energy sector in your jurisdiction?

  • 17.

    Are statements made in settlement discussions (including mediation) confidential, discoverable or without prejudice?

  • 18.

    Are there any data protection, trade secret or other privacy issues for the purposes of e-disclosure/e-discovery in a proceeding?

  • 19.

    What are the rules in your jurisdiction regarding attorney-client privilege and work product privileges?

  • 20.

    Must some energy disputes, as a matter of jurisdiction, first be heard before an administrative agency?

  • 21.

    Identify the principal agencies that regulate the energy sector and briefly describe their general jurisdiction.

  • 22.

    Do new entrants to the market have rights to access infrastructure? If so, may the regulator intervene to facilitate access?

  • 23.

    What is the mechanism for judicial review of decisions relating to the sector taken by administrative agencies and other public bodies? Are non-judicial procedures to challenge the decisions of the energy regulator available?

  • 24.

    What is the legal and regulatory position on hydraulic fracturing in your jurisdiction?

  • 25.

    Describe any statutory or regulatory protection for indigenous groups.

  • 26.

    Describe any legal or regulatory barriers to entry for foreign companies looking to participate in energy development in your jurisdiction.

  • 27.

    What criminal, health and safety, and environmental liability do companies in the energy sector most commonly face, and what are the associated penalties?

  • 28.

    Describe any actual or anticipated sovereign boundary disputes involving your jurisdiction that could affect the energy sector.

  • 29.

    Is your jurisdiction party to the Energy Charter Treaty or any other energy treaty?

  • 30.

    Describe any available measures for protecting investors in the energy industry in your jurisdiction.

  • 31.

    Describe any legal standards or best practices regarding cybersecurity relevant to the energy industry in your jurisdiction, including those related to the applicable standard of care.

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Gómez-Pinzon is a Colombian Law firm with more than 100 attorneys and 14 Practice Groups. Gómez-Pinzon is recognized by its clients and numerous international publications as a leading law firm in all our main Practice Groups.

View more information about Gómez Pinzón Abogados

Calle 67 No. 7-35
Suite 1204 Edificio Caracol Radio
T: +57 1 319 2900 Ext. 226
F: +57 1 321 02 95


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