AREAS OF PRACTICE

ENVIRONMENTAL LAW – OUR CLIMATE CHANGE EXPERTISE

Due to the growing importance of climate change and global warming issues and the immense opportunities presented for a “cap” and “trade” system under the Kyoto Protocol through the Clean Development Mechanism (CDM) projects for developing countries, The Rock and Partners has positioned herself strategically to be a market leader in this fast growing field. Our expertise covers the whole scope of the carbon market including advising project developers and sponsors on the framework of CDM and Renewable Energy Projects in Nigeria, advising and representing companies interested in purchasing carbon credits on the regulatory framework in Nigeria, negotiating and drafting Emissions Reduction Purchase Agreements (ERPAs) amongst others.

We also have in - house verifiers who can advise on baseline methodologies and greenhouse gas accounting. We are also positioned to advise the government on legislation and policy formulation to create a secure investment climate for interested investors.

ENERGY AND NATURAL RESOURCES LAW

The firm advises its clients on all aspects of upstream and downstream oil and gas work. Our expertise encompasses offshore and onshore licensing, licensing with the Nigerian regulatory authorities, negotiating and drafting all types of agreements including joint venture contracts and farm – out arrangements, production sharing contracts, contracts for the construction of rigs, platforms, floating production storage and offloading vessels (FPSO) and other specialist vessels and advising on insurance policies for both offshore and onshore activities. This includes loss and damage installations claims for and against personal injury, disputes under drilling contracts, damage or destruction, shortage, contamination or pollution. We have an extensive knowledge of gas sales and purchase agreements, transportation and storage of LNG and financing of gas projects.

We advise on the transportation, sale and purchase of crude oil, natural gas and allied products and provide dispute resolution services for commodity trading contracts especially in the petroleum industry.

In the electricity sector, our expertise extends to drafting power and water purchase agreements for power stations, construction, operation and financing of power stations, advising on the reorganisation and privatisation of the electricity sector in Nigeria and the legislation and regulatory framework for independent power projects. Also, the firm advises new entrants to the industry on regulatory requirements for new buisnesses, as well as other requirements relevant for business compliance in Nigeria.

The firm advises its clients on all aspects of drafting, acquisition and negotiation of mineral exploration rights, including the regulatory and taxation structures. The firm is also involved in obtaining accreditation from the Nigerian National Petroleum Corporation (N.N.P.C) and Department of Petroleum Resources (D.P.R) for oil companies, traders and financiers intending to operate within the Nigerian oil and gas industry, providing legal consultation and advisory services on tax issues incidental to our legal services, obtaining necessary consents for assignments of leases and negotiating and preparing related contracts.

The firm also represents clients before courts, arbitral tribunals, inquiries, hearings etc. Our experience in this area has often involved defending objections at hearings in respect of proposed oil pipelines, representing clients in inquiries into environmental and other accidents and resolving communal disputes or oppositions.
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MINING

The firm provides excellent representation and advice on Nigerian mining laws, licensing issues and project planning. It offers advice on the regulatory requirements governing the entry into Nigeria’s mining sector, including applicable tax regimes and relevant investment incentives. The firm advises on various issues relating to the compensation of mining communities and land tenure rights in the acquisition of mining concessions by prospecting companies.

MARITIME AND INTERNATIONAL TRADE LAW

We realise that the movement of goods by sea, road, rail, and air are an essential aspect of international trade and commercial activity. The firm represents its diverse clients in matters arising out of admiralty, shipping, maritime and International trade, aviation and road and rail transportation.

Our expertise in this area covers maritime casualties involving collision, fire, explosion, engine breakdown, grounding, sinking, salvage, wreck removal, pollution, general average, oil pollution, loss of life, personal injury and stevedore claims. We also represent our clients during inquiries and investigations.

We have counselled and represented clients in negotiations or proceedings to obtain security in litigation and arbitration, which arose out of cargo claims. The firm has investigated, defended and prosecuted claims for the loss, damage, shortage or misdelivery of cargo and our experience ranges from break bulk and containerised shipments to petroleum, chemical and dry bulk cargoes.

We have assisted clients in the negotiation and formation of long and short term charter parties of both cargo and passenger vessels, offering counsel on legal issues involved in drafting specific contracts or in the choice or construction of particular clauses and charter party forms. We have traditionally been active in charter party dispute resolution, representing clients in maritime proceedings.

We are experienced in the negotiation and documentation of ship financing transactions involving vessels registered in Nigeria and other national registries. We regularly represent both sellers and buyers of all types of vessels trading worldwide and can advise with respect to the corporate partnership or joint venture entities formed to participate in such transactions. We have acted for both lenders and ship owners in restructuring and default situations involving commercial vessels yachts.

The firm also advises on the use of the capital markets and its products for shipping and in arranging corporate finance for shipping companies.

BANKING AND FINANCE LAW

We are able to give advice on asset financing, different forms of leasing transactions, trading of debt, transfer of banking businesses, customer relationship and everyday legal problems and disputes. Our expertise in this area also encompasses preparation and perfection of all forms of security and financial documentation for banks and other financial institutions including consortium and individual loan agreements, mortgages, equipment lease agreements, guarantees, bills of sale, debentures, trust deeds and debt rescheduling documentation.

INSOLVENCY PRACTICE AND DEBT RECOVERY

Our team of lawyers is proficient at turn around management of distressed companies and recovery of difficult commercial debts.

The firm acts for insolvency practitioners like major accountancy practices, creditors and directors of troubled companies. The firm also advises on rescue and reconstruction procedure as well as the more traditional insolvency processes. This practice area demonstrates a full measure of the mix of core specialist expertise and wide ranging resources, which we feel are essential to the delivery of a full and prompt service. Most troubled businesses have special needs dictated by their market or circumstances and it is vital that the firm’s insolvency lawyers respond appropriately. The easy interaction of the firm’s specialist unit enables us to handle insolvency assignment from every sector of the economy.

Our experience enables us to supplement our technical expertise with a clear understanding of the commercial problems confronting our clients on a day to day basis, providing a substantial body of experienced practitioners with the ability to respond quickly and effectively to the sudden and diverse problems which follow in the aftermath of an individual disaster or a corporate collapse.

INSURANCE AND REINSURANCE

Our firm advises on marine and non-marine insurance policies. We have assisted assureds and insurers, many of whom are household names in the domestic and international markets, in connection with issues of coverage, proof of loss and other disputes under contracts of insurance, including hull and machinery, marine cargo and war risk policies. Inevitably, insurance work is strongly associated with dispute resolution where our lawyers deal with anything from straightforward liability claims to the most complex and substantial issues troubling today’s market. Our assistance has ranged from simply providing opinions on policy disputes to actively representing clients in litigation.

Our non-marine insurance practice covers all forms of contingency risk, financial insurance and property and casualty risks worldwide. We also proffer advice on policy and treaty drafting and interpretation.
We have an extensive reinsurance practice in both marine and non-marine markets and are regularly involved in reviewing problem portfolios.
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CORPORATE AND COMMERCIAL LAW

The firm is able to give expert advice in areas of corporate finance, tax planning, employment, and companies act compliance. Our services extend to insurance companies, trading companies, financial institutions and finance related issues, joint ventures, mergers, acquisition, insolvency, and flotation of companies. We also provide retainers for company secretarial matters, as the work of the company and commercial department is central to our activities

PROPERTY AND CONSTRUCTION

Our expertise encompasses preparation of security documentations relating to assignment, leases, tenancies, acquisitions and sale of properties, landlord and tenant and land disputes in general.

We also handle the negotiations and drafting of building contracts and dispute relating to most types of structure from factories, hospitals and commercial buildings to offshore rigs and platforms, petrochemical installations, pipelines, storage facilities and port installations.

TELECOMMUNICATIONS

Advising clients on the Nigerian regulatory framework for establishment of telecommunication companies, financing of fixed services and satellite projects, advising network operators and service providers on Nigerian law. Our experience includes film and television production and distribution, and the fast growing field of multi-media.

TAXATION

This is an area of utmost importance in business success and our depth of understanding enables us to deliver beneficial services to our clients. The firm advises its clients on all corporate and commercial tax matters including advising on the tax aspects of asset financing, petroleum taxation, value added tax, sale of shares and assets and taxation of oil and gas and shipping companies.
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INTELLECTUAL PROPERTY

The firm acknowledges the protection of intangible, yet extremely valuable intellectual property. As such, authoritative and specialist service is given in copyrights, trademarks, patents, licenses, grants, works of authorship and advertising as well as transactional work, franchising and joint ventures. We also cover industrial sectors including computers and telecommunications, pharmaceuticals and health care, the media, entertainment and leisure industries and retail and distribution. The firm advises and represents firms in obtaining and protecting copyrights and trademarks and prosecutes and defends patent infringement cases

IMMIGRATION

The firm provides excellent services to foreign clients in relation to immigration matters. It assist foreign clients in procuring and regularizing immigration documents such as business permits, Subject To Regularisation (STR) visas, Residence Permit Applications (or extensions), temporary work permit/cable visas, expatriate quota positions and all other documents that would ensure the smooth operation of any foreign business venture and stay of expatriates in Nigeria.

LITIGATION

As well as our experience in trade, shipping, and carriage of goods litigation, the firm is engaged in resolution of disputes, employment disputes, financial services litigation, injunctions, breach of contract, judicial review and general corporate litigation on behalf of and in the best interest of our client.

The firm has a close working relationship with counsels in other parts of the world and coordinates legal representation on various matters before courts and arbitration tribunals throughout the world.

The firm is continuously engaged in commercial dispute negotiation on behalf of its client. Its approach towards any dispute resolution is practical and result-oriented. When circumstances dictate, our litigation department acts forcefully and effectively in protecting our clients’ rights by pursuing every available legal remedy. We recognize, however, the value of a well-timed settlement and endeavor to resolve disputes in the best interest of our clients.

MEDICAL NEGLIGENCE

The firm acts in defense of claims for medical negligence: class actions, drug products, risk management, nursing claims, inquests, and clinical errors. We advise clients in the best possible way of the necessary steps and actions to take.

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