Energy Advisory
Boden Law differentiates itself with its industry specific expertise in energy and natural resources (including metals and mining). With the understanding of the complex dependencies between and within the Energy & Natural Resources sectors, the firm offers a unique energy practice. The firm’s expertise in the sector embraces all stages of the projects from development (including mine design, extraction of mines), construction, operation, financing, commodity trade (including commodity trade finance), regulation, acquisition and disposition.
Energy Mergers and Acquisitions
In addition to our experience in the general M&A field (which includes public or private company mergers, acquisitions, spin-offs, stock and asset acquisitions), we have specific experience in merger and acquisition transactions and joint ventures in the energy sector. We are capable of structuring complex M&A transactions in the energy sector with an in-depth understanding of all aspects of the business and the regulatory issues. In addition to our experience of Turkish energy M&As, we have successfully coordinated complex energy transactions of Turkish investors in foreign countries. We are prefered partner of our clients for due diligence exercises in M&A transactions related with energy companies and privatisation portfolio groups including power plant owner project companies and highly regulated electricity and natural gas distribution companies and also for structuring of complex M&A and joint venture transactions in the energy sector with an in-depth understanding of all aspects of the business and the regulatory issues.
Commodity Trading
Boden Law plays an active role in development of Turkish electricity and gas trade markets, especially the OTC markets in electricity and gas. We represent clients in their derivative and physical energy trade transactions. We represented the European Energy Traders Association (EFET) in adopting their master trade agreements for electricity and gas into the Turkish market and have delivered presentations to EFET members with respect to electricity trade.
We represent clients in their energy trade contracts – particularly in EFET agreements and tolling/processing agreements. We also spend substantial amount of time in drafting and negotiating long term supply agreements regarding different commodities. We are known for the energy trading workshops and trainings that we deliver for energy companies, institutions and governmental bodies. We are experienced in electricity, natural gas and LNG sale and purchase agreements (retail and wholesale), offtake agreements, management service agreeements and tolling agreements.We are also active in drafting renewable energy portfolio management contracts which is a new tool in the market after recent amendments in the renewable energy legislation.
Energy and Infrastructure Projects
We represent foreign utility / energy companies in their power plant investments in Turkey, as well as Turkish developers, energy companies in their joint ventures or partnerships with international companies (renewable power projects, thermal power projects, geothermal power projects etc.). Our advisory services in the renewable energy segment include hydro, wind power, solar, geothermal, waste-to-energy transactions. The transactions range from mergers and acquisitions including asset and stock acquisitions, to joint venture or strategic partnership transactions. The firm is involved in many complex projects in the energy sector varying from waste tire gasification, syngas production and humic acid production (from coal) projects to smart grid technologies. These projects involve complex structuring ranging from long term supply agreements, EPC contracts to technology transfer agreements. We are well-acquainted with the interdependencies between various aspects of complex projects which have long-term effects on the structure and operation of the venture. Our lawyers bring their in-depth industry knowledge in mitigating various legal and regulatory risks involved in such complex transactions to provide our clients with the best possible legal advice.
Energy Regulatory and Compliance Advice
We provide regulatory advice and specialist legal opinions to our clients regarding Turkish energy sector regulations. We are also pre-eminent sector experts in terms of regulatory risk analysis. For instance, we represented a Turkish electricity distribution company before its privatization for a regulatory risk analysis.
Our competition experience and understanding of the energy sector enables us to provide competition risk analysis and defend our clients in competition investigations. We have experience in preparing and analyzing sector specific agreements (e.g. energy supply agreements) from a competition law point of view.
Renewable Energy
Our advisory services in the renewable energy segment include hydro, solar, wind power, geothermal, waste-to-energy transactions. We provide a full range of leading edge contentious and non-contentious regulatory, commercial and transactional advice in these areas.
We also play active role in representing clients in their acquisitions of licensed and unlicensed solar and wind power projects. The firm has a significant experience with respect to EPC contracts in licensed and unlicensed renewable energy projects.
Energy Dispute Resolution
Energy transactions and projects are large, complex, mostly international and long-term capital-intensive deals. Consequently they are prone to complex disputes. Our dispute resolution practice is highly specialized in energy disputes. Our specific know-how and experience in the energy sector distinguish us in energy dispute resolution. Boden Law has an established litigation team composed of leading practitioners whom have extensive trial and academic experience. We have a special experience in administrative litigation. We represent our clients before Turkish administrative courts for disputes arising from administrative transactions.
Arbitration has become an increasingly popular means of dealing with disputes in the energy sector, particularly where there are international issues to address. Not only commercial arbitration cases but also investment arbitration cases between foreign investors and sovereign states are on the rise in the energy sector. Our dispute resolution team has an extensive arbitration experience. Our team members act as both counsel and arbitrator on a range of complex disputes. Our team members are experienced in both commercial arbitration and investment arbitration cases.
We appreciate our clients and the trust they place in our firm. Below is what some of our clients have to say about our services:
“Energy boutique Boden Law is adept at representing energy companies and financial institutions in relation to project finance, M&A and energy trade transactions including tolling agreements and energy disputes. It advised SmartPulse Teknoloji on the structuring of a robotic power plant operation agreement. Other clients include Aksa Enerji, Axpo Trading and Engie Turkey. Değer Boden heads the team.”
“Boden Law is ‘fast, reliable and has market know-how and experience’. It acts for clients in the energy, infrastructure and mining sectors, with a particular focus on electricity and gas projects. Areas of expertise include drafting and negotiation of transaction documents, joint ventures, regulatory matters and transactions. The team advised Biga Maden on its €21m sale of a limestone quarry to Nordeka. Değer Boden heads the ‘very reliable and professional’ team.”
“Değer Boden’s expertise covers a wide range of transactional, financing and regulatory mandates relating to renewable and conventional energy projects. Clients praise her open and proactive approach and enthuse: “She provides legal services not only to manage current situations, but she also gives valuable feedback to minimise future problems.”
“Boden Law has ‘deep knowledge of energy law in Turkey’ and advises on regulatory matters, contracts, joint ventures and disputes. Recent work includes advising solar power generation company Gildemeister on due diligence, agreements and the financing structure of its solar power plant projects in Turkey. The client base also includes Tractebel, Naturelgaz and Talesun. ‘Standout energy lawyer’ Değer Boden heads the practice and is recommended for her ‘exceptional transactional skills and expertise in highly regulated industries’.”
“Project development in the energy sector is a standout practice area for Boden Law. The firm is also active in M&A. The energy sector was core for the M&A practice and during the research period the firm acted for Talesun Solar Switzerland on a corporate matter. The project development team was strong in energy and worked on a numerous deals in the infrastructure and mining sectors. In one highlight deal the firm advised German solar power generation company Gildemeister on its solar power plant projects in Turkey. European Federation of Energy Traders, Nordeka Maden, Axpo Trading and Axpo Turkey Enerji are some of the firm’s key clients.”
“Değer Boden rises in the rankings this year following glowing praise from interviewees, who describe her as “a real veteran of the energy sector” who is “probably the most knowledgeable person in Turkey on electricity law.” Her expertise covers a broad range of transactional and regulatory matters relating to renewable and conventional energy projects.”
“Clients praise the team’s in-depth knowledge of the energy sector. According to interviewees, they are “experts in regulated sectors” who have “been involved in the energy industry and the market for a long time,” meaning that “they can provide a full legal view which covers both the international and local aspects of a project.”
Clients also appreciate that the firm “provides feedback which doesn’t only answer our questions but also raises potential problems and issues that may arise as a result of each action – it’s very well rounded, developed and considered feedback which they provide on a timely basis.”
“Boden Law represents a somewhat unique prospect in the Turkish market, given it is wholly focused on the energy, infrastructure and mining sectors.”
“Boden Law is a dedicated and energy-focused legal firm and it has a unique position in Turkey. The lawyers are very knowledgeable about energy markets regulations and they are very successful in due diligence and agreement negotiation tasks”.
“I worked with Boden Law in different project development and financing transactions in the energy and mining sectors. The firm actually covers a broad range of activities including project finance, M&A, litigation and arbitration, but I think its focus in power and gas, mining, and infrastructure makes it special in its advice. As the firm know these industries very well, its approach is extremely practical and result oriented to the issues. I believe that business knowledge always adds value to legal work. The entire team has a very strong legal background and capabilities.”
“We are extremely content about the service that we received from Boden. It is very evident that the team is very competent in their area. They have an in-depth knowledge on the regulatory matters and they provide prompt and business-oriented advice to their clients”.
“Boden Law is a boutique company that has a deep understanding, not only of energy but also procurement, M&A and financing deals. With their significant experience and hands-on approach, we always get prompt action against our calls. In addition to their experience in the region they can provide the necessary services together with their partnering law offices throughout the world. They also provide their customers a very innovative approach with the conferences held annually”.
“They’re one of the boutique law firms in our market in Turkey. They have a good team working with us. Their expertise and network is helping us solve many issues in an efficient and effective way”.
“This team provides a very good service to its clients, including sector-specific knowledge”.
“Değer Boden is broadly respected for her energy and infrastructure focus, advising clients on a range of corporate, regulatory and development issues. Sources state: “She is very intelligent and has good legal knowledge but she also understands the necessities of the industry. She can define the critical issues for her clients and cover those risks”.
