Batuhan ESER

About

His expertise has focused on Energy Law, Arbitration Law, Construction Law, Mergers and Acquisitions, Corporate Law and Protection of Personal Data, especially Petroleum and Natural Gas. He has provided legal support to many domestic and foreign clients since the beginning of his professional life. Comprehensive coverage of oil and natural gas exploration and production activities, transportation and storage activities, sales and marketing activities, electricity generation, supply and trade, company mergers and acquisitions, establishment and restructuring, national and international commercial arbitration processes, construction and infrastructure projects, and project financing. has experience and knowledge. He is also a listed arbitrator in Istanbul Arbitration Association for arbitration proceedings.

Oil and natural gas

He operates in the upstream (exploration & production), midstream (transport, storage and processing) and downstream (trade & sales) sectors in the oil and natural gas sector.

• As the legal counsel of an association formed by private companies operating in the oil exploration and production sector in Turkey, he held meetings with the Parliamentary Energy Commission, the Ministry of Energy and Natural Resources and the General Directorate of Petroleum Affairs during the enactment of the new Turkish Petroleum Law and Turkish Petroleum Law Implementation Regulation. engaged in negotiations.

• He provided legal support to domestic and foreign companies operating in Turkey in the process of enacting legislation and regulations related to the Natural Gas Market and in the relations of these companies with the Ministry of Energy and Natural Resources and the Energy Market Regulatory Authority.

• In countries such as Turkey, Ghana, Turkmenistan and Afghanistan, he provided legal consultancy services in negotiations with state institutions regarding Production Sharing Agreements and other license and concession rights of international oil companies.

• Provided legal support to domestic and foreign companies in oil license applications and the development of relations with relevant government agencies and other private companies operating in the same sector.

• Drafting, negotiating and executing Joint Operating Agreements (JOA), Farm-out/Farm-in Agreements, Seismic, Drilling and other service agreements, Natural Gas Process and Natural Gas Sales Agreements, Crude Oil Sales Agreements and other oil-natural gas related agreements concerned with processes.

• He provided legal support in pipeline construction and operation projects in Turkey and acted as an assistant lawyer in two major international pipeline projects transiting through Turkey.

• He provided legal support to one of the major energy groups in Turkey in the project of transporting and importing natural gas produced from an important offshore field in Israel to Turkey.

• Represented a Norwegian oil company as general counsel in the international arbitration process with a demand of 7 Million Dollars regarding its dispute with a public oil company and ensured that the entire case was resolved in favor of the client. 

International Commercial Arbitration

He provides active legal consultancy to domestic and foreign companies in domestic and international arbitration cases in national and international arbitration institutions such as ICC, LCIA and ISTAC.

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Electricity and Renewable Energy Resources

He provides legal support to various domestic and foreign companies operating in the electricity markets in Turkey, and provides consultancy services in the licensing processes of companies, in their relations with government institutions (mainly the Ministry of Energy and Natural Resources, EMRA, General Directorate of Renewable Energy and DSI) and other private companies. . Major experiences in this field are as follows:

• He provided legal support to domestic and foreign clients on Electricity Market Law, Electricity Market License Regulation, Renewable Energy Law, Geothermal Law and other legislation related to electricity and renewable energy resources.

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• He took an active role in the regulation and negotiation of EFET Agreements on electricity trade.

• He provided legal support to the consortium member as the chief legal counsel in two hydroelectric power plant projects planned to have a total installed capacity of 650 MW in eastern Turkey.

• He provided consultancy services to a large energy-construction group in Turkey on the installation, licensing processes and other operational issues of Wind Power Plants with an installed power of more than 250 MW.

• He took part in the preparation, negotiation and execution of EPC Contracts for Power Plants, Tribune Supply and Installation Contracts, Operation and Maintenance Contracts, Electricity Supply and Sales Contracts and other types of contracts related to the electricity market.

• During the privatization process of Başkent Electricity Distribution Company, he served as the chief legal counsel of the consortium established by two large Turkish companies.

• He provided consultancy services to companies operating in the field of geothermal energy regarding their investments and licensing processes.

• Provided legal support to companies operating in wholesale, trade and OTC fields in electricity trading markets and companies engaged in brokerage activities in electricity and other energy commodities.

Mining

He has the following experiences in the mining field, where he is still working more actively:

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• He took an active role in the process of obtaining mining concessions in Mali and Angola, in the preparation and negotiation of confidentiality, cooperation and other purchase agreements with the relevant companies, and supported the execution of the operation contracts of the mining concession companies.

• He took an active role in the preparation and negotiation processes of confidentiality, cooperation, partnership, license and other agreements related to a factory to be established in Turkey for the production based on patents related to the zinc mine owned by an Australian company by an international consortium.

• He took part in the preparation and negotiation processes of consultancy contracts for the consultants to be recruited for the operations of a Turkish mining company.

Construction and Infrastructure

• He represented domestic and foreign construction companies regarding construction projects in various countries, especially in Turkey, Dubai, Yemen, Nigeria, Iraq, Afghanistan, Turkmenistan, Russia, Kuwait, Mozambique and Kazakhstan.

• He worked as a legal counsel in the Public Private Partnership (PPP) Hospital Projects of an important construction company operating in Turkey, located in Ankara, İzmir and Kocaeli, each of which is one of the largest capacity projects in Turkey and Europe.

• He provided legal consultancy services to one of the consortium partners in the Istanbul-Izmir Highway and Kocaeli Bridge Crossing project.

• He carried out the preparation and negotiation processes of Design and Construction Contracts, Infrastructure and Supply Contracts, Concession Contracts (BO, BOT, PPP), EPC Contracts, FIDIC and FAR Model Contracts and other types of contracts related to the construction industry.

• He provided legal support to clients on EBRD – IFS financing, non-recourse / limited recourse project financing, bank loans, shareholder and third party financing loans and ensured the execution of collateral arrangements.

Corporate Law

• He provided legal consultancy services to domestic and foreign companies in the processes of incorporation and tax structure establishment in Turkey.

• He provided legal support to domestic and foreign companies in mergers and acquisitions and due diligence processes and carried out all processes.

• He has given consultancy to various Turkish companies in the privatization procedures of Turkey's leading electricity and gas distribution companies.

• He applied for a merger notification to the Turkish Competition Authority in order to obtain the approval of the Competition Authority for the establishment of a joint venture in the Kingdom of Saudi Arabia between two leading companies in Turkey.

• He played a leading role in the preparation, negotiation and execution of Share Transfer Agreements, Partners Agreements and other contract types related to company law.

• He provided legal support for the investments they will make to international investment funds, the establishment of the appropriate tax and legal structure for the establishment of mutual funds, the preparation and negotiation of the agreements that the investors to be included in the fund will make with the relevant fund companies.

Publications

• “Evaluation of License Adaptation Process under the New Turkish Petroleum Law” EIF International Energy Congress – October 2014

• “The Contributions of the Turkish Petroleum Law No. 6491 and its Potential Contributions to the Oil Exploration Sector” EIF International Energy Congress – October 2013

• “Evaluation of Geothermal Law” Yazıcı Law Review – 2014

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Education

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• Baskent University Faculty of Law (Undergraduate, 2014)

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• University of Westminster, Master of Law (LL.M.) International Commercial Arbitration

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• Euromoney Energy, Business Management: Oil Industry Dynamics London, UK (2012)

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Career

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• Yazıcı Law Offices (2005-2015)

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• Kurucu Law Offices (since 2015)

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Member Organizations

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• Ankara Bar Association

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• Listed Arbitrator at Istanbul Arbitration Association

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• Istanbul Arbitration Centre Energy Law Commission

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• International Association of Petroleum Negotiators (AIPN)

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• AIPN Unconventional JOA Model Preparation Committee

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• AIPN Model Farm-out Agreement (revision of 2004 Model agreement) Drafting Committee

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Languages

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Turkish, English