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The energy transition from fossil-based fuels to lower carbon alternatives is underway. While it is a threat for the fossil fuel based energy sector, it is also driving significant new opportunities, including demand for reliable and cost effective energy storage and, with it, demand for different types of minerals, such as lithium, cobalt and alternative battery materials.

The primary drivers of the global energy transition are, firstly, the emergence of renewables (such as solar and wind power) as alternatives to traditional fossil fuels and, secondly, the growth of battery storage, including for electric vehicles, decentralised energy systems and large-scale battery storage. One of the main challenges that companies across the traditional energy sector – and countries that are beneficiaries of plentiful fossil fuel resources – currently face is how to prepare for the change and where to commit capital in the ‘new energy’ world.

Sources of renewable energy, such as wind and solar power, have grown at an unprecedented rate in the last decade, a trend which is expected to continue as costs continue to decline. This ongoing transition, underpinned by the growing electrification of the world’s energy needs, will have major social, economic and political implications which go well beyond the energy sector.

As demand for renewable energy grows, interest in grid-scale battery projects and in battery storage solutions for decentralised energy systems will also grow. The advantages of grid-scale and distributed battery storage are obvious: to provide grid balancing and smoothing much more quickly and accurately than power plants, and to act as “virtual transmission lines” avoiding the need for costly fixed-cost assets such as transmission lines and peaking power plants, increasing the efficiency of capital deployed in the electricity sector.

The rapid uptake of electric vehicles and other battery-based energy storage systems across the world is driving global demand for batteries and their component materials. That demand has been driven primarily by lower costs, but also by technology innovation and the many benefits of electrification generally (including reliability and demand shifting). There is significant and growing interest in energy storage projects worldwide. Globally, energy storage capacity is forecast to multiply (122-fold by 2040, attracting some USD 662 billion of investment), estimates Bloomberg New Energy Finance¹. It is predicting a further halving of lithium-ion battery costs per kilowatt-hour by 2030, on top of an 85% reduction from 2010-2018.

Electrification is expected to substantially increase its share of final energy demand, with consumer led demand shifts, such as those to electric vehicles and heat pumps for transport, heating and cooling.

The increase in battery demand (and the expectation of that increased demand) creates other opportunities, including demand for industrial minerals used in batteries, such as graphite, lithium, nickel, cobalt, manganese, aluminum, vanadium and rare earth metals. The ‘battery’ thematic has already created a new wave of equity capital market interest, with an explosion in exploration companies targeting those minerals on traditional mining exchanges such as the Australian Stock Exchange (ASX), the Toronto Stock Exchange (TSX) and the Johannesburg Stock Exchange (JSE).

By way of example, surging lithium and cobalt prices in 2015 and 2016 resulted is a shift in exploration focus towards elements critical to batteries. That surge of interest is heavily tied to investor interest in the battery sector and capital committed to those companies has already seen a number of new entrants funding green-fields graphite, lithium and cobalt mining operations.

While this is happening, battery technology, which is still in its infancy, continues to evolve. While lithium-ion batteries have higher power density and output, making them suited to mobile energy storage applications such as electronic devices and electric vehicles, other battery technologies, such as flow batteries, focus on life cycle and durability. And batteries are only one part of the energy storage solution – other technologies such as flywheel, compressed air, and pumped hydro storage continue to be refined and developed.

As these developments play out, the countries that will benefit most are those with proactive government policy. Electric vehicle and battery manufacturers are securing sources of minerals, materials and components to meet increases in demand. As these manufacturers are consolidating their supply chains, countries around the world are competing to capture investments at different stages of the production process. While traditional resource exporters, such as Australia and Canada, are well placed to capitalise on increased demand for raw materials, government policy that aims to capture more of the supply chain, including research and development and production, is critical.

Case study

Baker McKenzie advised KfW IPEX-Bank, Société Générale and Korea Development Bank in relation to the Bulgana Green Power Hub (BGPH), a large integrated energy project in Australia.

The project involved a long term syndicated debt package as well as a 15-year, long term contract for difference Power Purchase Agreement (PPA) with the Victorian government, taking approximately 85% of the power generated by the BGPH and contributing significantly to Victoria’s Renewable Energy Target. In addition, a 10 year corporate PPA where BGPH will supply power via a “behind the meter”, private wire from a 20 MW / 34 MWh lithium-ion battery to a nearby glasshouse facility to be built by Nectar Farms Management Limited. The hub will comprise a 194 MW wind farm with Siemens-Gamesa wind turbines, combined with the 20 MW / 34 MWh lithium-ion battery provided by Tesla. The battery will be one of the first and largest grid-scale batteries in the world and will power the development of the Nectar Farms glasshouse, a major new advanced agriculture facility, providing secure and affordable, renewable energy as required for its hydroponic greenhouses. This project will make the advanced agriculture facility the world’s first crop farm to be completely powered by renewable energy.



Antonio Ortuzar Jr. is head of the Mining Practice Group for the Santiago-Chile office and Joint Coordinator of the Latin America Energy, Mining, Chemicals and Infrastructure Group, for which he contributes his significant experience in the infrastructure sector. He has been consistently ranked in Chambers and Partners as a Tier 1 attorney for Energy and Natural Resources.


Lewis Popoff is a partner in the Corporate and Securities Practice Group in Chicago. He advises clients on a wide range of transactional matters and has closed transactions for companies around the world in a variety of industries. Lewis sits on the Firm’s North America W&I Working Group, advising the wider North American M&A team on warranty & indemnity/representation & warranty insurance developments and best practices. He previously served as the director of knowledge management for the Firm’s North America Corporate and Securities practice group from 2005 to 2010, where his responsibilities included advising the Firm’s clients and lawyers on best practices related to M&A.


Johan Botes heads Baker McKenzie’s Employment & Compensation Practice Group in Johannesburg. Johan is experienced in employment law and labor relations, focusing on South African and sub-Saharan African employment law and employee relations. He regularly advises multinational clients on industrial relations, employment negotiations, labor dispute resolution, change management, and organizational restructuring. His team manages multijurisdictional employment and employee relations projects on behalf of various multinational clients.


Paul Curnow is a partner in Baker McKenzie's Environmental Practice Group in Sydney and the head of the Asia Pacific Renewable Energy and Clean Technology practice. Paul is also co-chair of the Global Carbon Capture and Storage practice. He has worked for over 12 years on Australian and cross border transactions involving offices in many other jurisdictions, particularly in Asia and Africa. Paul is ranked as one of Australia's foremost energy lawyers, and globally as a market leader in climate change. He was named "Lawyer of the Year" for Climate Change and also listed for Energy Law by Best Lawyers Australia 2016. Paul is ranked Band 2 for Climate Change by Chambers Global, 2011-2015.


Kathy Honeywood joined Baker McKenzie in May 2018 as a partner in the London Corporate Group. Kathy is a member of Baker McKenzie's Global Energy, Mining and Infrastructure Industry Group. She focuses on M&A, corporate finance and joint ventures and has significant Asia Pacific experience, including secondments to China and Singapore and advising on a number of high-profile Asia outbound M&A matters.


Norman S. Bissett is a foreign legal consultant and is the Firm's administration head. He is a member of the Finance and Projects Group, working specifically in the Energy and Resources practice. Mr. Bissett is admitted to practice in England and Wales and Scotland, and is a member of the Law Society of England and Wales as well as the Scottish Law Society.


Derek is a partner in Baker McKenzie's Corporate Markets practice group in Brisbane. Derek practices in corporate law with a focus on capital markets, including mergers and acquisitions and capital raisings, primarily in the energy and resources and technology and communications sectors.


Marc Fèvre's practice spans project development, financing and secondary market transactions in the energy and infrastructure sectors. He has over 14 years of experience working in Asia, Europe, Africa and the Middle East and is recognised in his field by legal directories including Legal 500 and Chambers & Partners.