Jenni Lajzerowicz specialises in energy and natural resources. She handles large-scale, international and multi-jurisdictional disputes in arbitration, litigation and mediation arising out of the extraction, trading and transport of energy and natural resources. She has advised on matters and acted on disputes involving physical commodity sales, offtake and marketing of oil and gas, transportation of products by sea or pipeline, carriage by sea, charter parties, bills of lading and contracts of affreightment, commodity storage and warehousing, derivatives, hedging and repos, offshore and onshore oil and gas projects, mining marketing and offtake, refinery projects, construction and joint ventures in the extractive industries.
Jenni has advised on a broad range of products including crude and refined products, LNG and LPG, natural gas, metals and minerals, petrochemicals, biofuels and biomass, agriproducts and other commodities. She also has extensive experience in conducting disputes arising out of offshore oil and gas project developments and onshore construction including EPC and EPIC agreements, joint operating and production sharing, participation and technical assistance agreements, carry arrangements and disputes concerning oil and gas contractors, offshore support vessels and ship conversions, pipelines and cables, power project documentation and power purchasing agreements.
Chambers & Partners has said: “Jenni Lajzerowicz possesses deep expertise in physical commodity matters, principally focusing on oil and gas issues ...” (Chambers & Partners 2017); “Jenni Lajzerowicz has extensive experience in advising clients in the commodities sector, including energy companies, contractors, traders and financial institutions” (Chambers & Partners 2016); and “is forging an impressive reputation in the oil and gas sector. Sources affirm that she has ‘an outstanding background in this area’.” (Chambers & Partners 2013).
Legal 500 recommends Jenni as “… an 'experienced litigator'.” (Legal 500 2017), “highly proficient in disputes”.(Legal 500 2016), saying “‘Excellent litigator’ Jenni Lajzerowicz has ‘in-depth knowledge of all aspects of the natural resources and commodities business’, and recently advised an oil company on a $55m oil dispute”. (Legal 500 2013). Jenni has been listed as notable practitioner and “up and coming” (Chambers & Partners and Legal 500, 2013 - 2016). She has also been recognised for Derivatives and Shipping (Legal 500) in 2015 and 2016 respectively.
Oil and Gas
- Advised a Chinese oil company on a range of disputes arising under sale and purchase agreements for the sale of diesel oil; advised on general terms and conditions of the same company and applicable contract terms.
- Advised a global energy trader on the supply of renewable diesel oil and EU regulations.
- Advised a Swiss oil trader on a crude oil storage agreement.
- Advised a Russian oil and gas company on its general terms and conditions of trading and amendments to these in the context of force majeure.
- Advised a Swiss oil trader on a dispute concerning a default under an oil sales agreement.
- Acted for a Nigerian company in a high value dispute under a joint operating agreement for the development of a FPSO logistics, construction and engineering facility in Nigeria.
- Acted for a US/Nigerian oil and gas company in relation to an urgent application for an interim injunction against their joint venture partner compelling payment of a sum of several million under a crude offtake agreement between the counter-party and a third party trader. Successfully obtaining the injunction and securing recovery of the full payment.
- Acting for a US/Nigerian oil and gas company , as joint venture partner, in a substantial dispute with its Nigerian joint venture partner relating to the operation of the oil mining lease. The dispute involved numerous issues arising under the joint operating agreement. Commencing LCIA arbitration proceedings in London which progressed to a final hearing on the merits followed by the negotiation of a highly favourable settlement for clients worth over US$54.
- Acted on behalf of a Canadian onshore and offshore contractor in a dispute with a Georgian oil and gas exploration company. Negotiated settlement.
- Drafted general terms and conditions of trading crude and petroleum products for a Middle Eastern oil company.
- Acted for an offshore oil and gas contracting company in relation to a significant arbitration claim arising under a EPIC contract for the installation pipelines and risers to a floating, production, storage and offloading unit installed in an oil and gas field offshore Nigeria against the Nigerian subsidiary of an international oil major. The dispute centred around a variation request and resulted in a payment of several million to the contractors following a successful mediation in Nigeria.
- Advised an oil major in relation to its claim for damage to a pipeline off West Africa following an incident involving the dragging of a ship’s anchor over a pipeline.
- Advised an international oil and gas contracting company in negotiations with a Latin American oil refining company regarding a project for the expansion of a refinery under an EPC contract worth around US$80 million at the definition phase, providing on-going advice in parallel to their negotiations, reviewing draft term sheet and advising on clients’ position under intended EPC contract.
- Acted on behalf of a Vienna-based financial institution involved in petroleum on a dispute arising under an option agreement. Negotiated a favourable settlement with payment to clients.
Gas and power
- Advised the UK subsidiary of a Canadian/US energy company on its terms and conditions for the supply of gas and power.
- Advised power project developers on discrete aspects of power purchasing agreements involving power projects in Ghana, Nigeria and other countries in sub-Saharan Africa.
- Advised a national power company in a dispute with a North African energy company arising under a long-term gas supply agreement subject to ICC arbitration.
- Advised a national power company on standard terms and conditions of trading CIF purchases of biomass and related risk management issues concerning transportation of products.
Metals and Mining
- Acted for a substantial manganese ore producer and supplier operating in West Africa on their rights and obligations under a long term supply agreement in light of failure by buyers to open a letter of credit worth over US$35 million.
- Acted for a Russian metals trader in arbitration proceedings against Jordanian buyers of copper wire rod in LME arbitration proceedings in relation to which his entire claim was recovered.
- Advised the commodity trading team of a financial institution on a dispute with its counter-party, a global commodity trader as buyers of a consignment of energy coal under SCoTA terms.
- Advised a Nigerian mining company on a dispute under a contract for the sale of tin concentrates and settling same. Advising on subsequent transactions for the supply of tin concentrates to a Geneva based trader, advising on risk management and drafting required terms of transaction to best protect interests.
- Acted for a global commodity trader, negotiating with an African mine in relation to a marketing agreement for manganese ore valued at US$75 million.
- Acted for a global commodity trader, drafting a marketing agreement for the supply and purchase of iron ore.
Agriproducts, biofuels and biomass
- Advised a Latin American agriproducts company on their ethanol sales agreements.
- Acted for the subsidiary of a South East Asian agri-trading group, as sellers, in challenging two applications brought in the Commercial Court by buyers for permission to appeal against FOSFA Appeal Board arbitration awards pursuant to which damages were payable for buyers’ breaches under a series of contracts for the sale and purchase of palm oil. The applications were successfully challenged and buyers’ applications for permission to appeal refused.
- Acted for a global commodity trader in relation to a sale and purchase agreement and related supply agreement with Baltic sellers for agriproducts worth several million US$.
- Advised a North African trader in relation to a dispute with Geneva-based sugar traders concerning the sale of a consignment of Brazilian sugar damaged en-route to North Africa. Advising in particular on “certificate final” clause and settlement of the dispute.
- Acted for a Chinese agri-trading company,. as respondent buyers, in appeal proceedings brought by counter-party applicant sellers before the Commercial Court pursuant to section 67 of the Arbitration Act 1996. The applicants challenged a GAFTA Board of Appeal award in which the tribunal found against them on the issue of jurisdiction. The case involved a term contract for sale of soybean meal between the parties. Issues of severability of the arbitration agreement, agency and lack of capacity were raised. Clients successfully challenged and proceedings and the appeal was dismissed with costs.
- Acted for an agri-trading company, as sellers, defending an appeal to the Commercial Court brought by buyers against an arbitration award issued by the Refined Sugar Association (RSA). The case concerned a dispute arising under a contract for the sale of sugar and was remitted by the court to the RSA tribunal for re-consideration. Interesting issues concerning sub-sales and damages under section 53(2) of the Sale of Goods Act 1979 were considered by the court. Ultimately, the tribunal re-considered the points raised by the court and re-affirmed their award of damages to clients.
Shipping and Transport
- Advised and acted for charterers and offshore contractors in a dispute arising under a charter party, defending claims by ship owners for interest and costs and counter-claiming sums with respect to hire, overpayments and damages for breach given that ship’s equipment was faulty (charterers experienced repeated breakdowns of equipment leading to consequential delays). Conducting LMAA arbitration proceedings to close of submissions and negotiating settlement with payment to our charterers.
- Acted for two Japanese ship owners in relation to disputes under two long-term LNG time charter parties with the same charterer. Negotiating favourable settlements.
- Advised the commodity trading team of an investment bank on a dispute arising under a contract for the sale of coal for delivery in Richards Bay, South Africa. Subsequently instructing SA lawyers on ship arrest proceedings and leading team to secure ship arrest. Entire claim recovered.
Derivatives, Repos, Hedging and Options
- Advised a French bank and their trading entity on agreements for the repurchase of commodities against the background of a substantial trade financing fraud in the PRC. Instructing and working closely with local Chinese lawyers on issues concerning PRC law.
- Advised the on negotiating of repos and drafting a suite of new agreements.
- Acted for a substantial global natural resources company on disputes arising under a series of FFAs (forward freight agreements) incorporating an ISDA Master Agreement. Proceeding to a commercial court trial and favourably settling claims before the hearing. Claims were paid in full
- Acted for a Vienna-based financial institution involved in oil and petroleum in relation to a dispute arising under an option agreement concerning the provision of financing for a Middle Eastern bank. Negotiating a favourable settlement with payment to clients.
- Acted for Korean ship owners in relation to disputes arising under an assignment of interests arising under FFAs. Advising on strategy. Defending claims in the Commercial Court and conducting mediation prior to a hearing on the merits. Winning a second application for security for costs and, thereafter, negotiating settlement at a 90% reduction on original claim.
- Advised a Latin American agriproducts company on a suite of contracts for the hedging of commodity trades.
- University of Cape Town
- (LL.M., 1999)
- (LL.M., 1999)
- University of Cape Town
- (PGDip., Marine Law, 1997)
- (PGDip., Marine Law, 1997)
- University of Buckingham
- (LL.B., Honours, 1996)
- Solicitor, England and Wales
- Partner, 2015-2017
- Partner, 2015-2017
- Norton Rose Fulbright LLP:
- Senior Associate, 2008-2015
- Speaking at a range of energy and commodity trading conferences and seminars in London and abroad. Also, providing in-house training on offshore oil, oil and gas trading and energy disputes.
- Chapter on oil sales contracts in “Oil & Gas Production Contracts” published by Sweet & Maxwell, 2009 (editor: Anthony Jennings).