Nicolas Borda

Practices

Industries

Trending Issues

Education and Clerkships

LL.M., University of Texas at Austin School of Law, 1994, Associate Editor, International Law Journal

Law Degree, Universidad Iberoamericana, 1993

Admissions

Mexico

New York

Profile

English español (México)

Nicolas Borda focuses his practice on all facets of oil and gas (upstream, midstream and downstream), power and renewable energy projects. Nicolas is licensed to practice law in Mexico and in New York. He advises clients in international and cross-border transactions, regulatory, mergers and acquisitions, energy infrastructure project development, government procurement, public policy, anticorruption, compliance and dispute resolution including offshore, LNG, commodities, storage, NAFTA and international trade.

Nicolas represents companies involved in the different E&P rounds for exploration and production of hydrocarbons conducted by the National Hydrocarbons Commission (CNH) and negotiations of joint ventures with Pemex affiliates. He has also been active in downstream regulatory issues (storage, transportation, trading and import of different fuels) before the Energy Regulatory Commission (CRE) and the Ministry of Energy.

Nicolas has been very active with public bids by the Federal Electricity Commission (CFE) and to develop natural gas transportation pipelines, public auctions of CENACE in connection with the new electricity market and the representation of large off-takers in the different alternatives to optimize electricity supply. Mr. Borda has represented several governments in the capitalization of strategic assets and has been involved in many energy deals throughout Latin America.

Nicolas has been ranked by Chambers Latin America, Chambers and Partners, as Band 1 in Energy and Natural Resources in Mexico in 2012-2020, and Chambers Global, Chambers and Partners, in Energy and Natural Resources in Mexico, 2018-2019. He was also recognized in Euromoney's Expert Guides, Legal Media Group, for Energy and Environment, 2017. Nicolas chaired the Energy Committees of the National Association of Corporate Counsels (ANADE) and the Mexican Bar Association (BMA). He also was professor of energy law at the Universidad Iberoamericana. He currently teaches at the Energy Law Post Graduate Program of the Escuela Libre de Derecho and has lectured at several universities, including the University of Texas at Austin, Georgetown University, Tulane University, and ITAM University. Mr. Borda is also a frequent speaker on international energy matters.

Honors

Chambers Latin America 2020

Haynes and Boone Featured in 2020 Edition of Chambers Latin America

Haynes and Boone and lawyers in its Mexican affiliate, Haynes and Boone, SC, have been featured in the 2020 edition of the Chambers Latin America legal directory, published by Chambers and Partners.

Selected Client Representations

Oil and Gas
  • Represented international oil company that negotiated and executed first JOA with Pemex for deep water.
  • Represented owner of drilling rig in insurance matters before the ASEA.
  • Negotiated drilling contracts between Mexican companies.
  • Represented U.S. company in the development of a pipeline to import natural gas from Texas to Monterrey, Mexico.
  • Represented U.S. company during 2015 and 2016 in many public bidding processes before the Federal Electricity Commission (CFE) for the award of a natural gas transportation agreement to import natural gas from the U.S. into Mexico or transport natural gas within Mexico.
  • Represented U.S. company in the import of B-30 and biodiesel into Mexico. 
  • Represented several clients in connection with import, marketing and distribution of gasoline and diesel into Mexico.
  • Represented client in joint venture with Mexican gas stations.
  • Represented a U.S. company in the storage of marine terminals to import fuels from the U.S.
  • Represented companies in Rounds issued by the National Hydrocarbon Commission (CNH) to award production sharing contracts and license agreements in onshore, shallow and deep water blocks.
  • Represented AMEXHI, the Mexican Association of Oil & Gas Operators.
  • Represented a Mexican and a South American company in the migration of a service contract with Pemex into an E&P contract.
  • Represented a petroleum engineering firm on the drafting of well integrity and well identity regulations.
  • Represented bidders in the first three rounds of mature fields of Pemex Exploration & Production.
  • Represented consortium who won a block derived from the public bids issued by Pemex Exploration & Production for the exploration, production, transportation and processing of natural gas in the Burgos Basin (Multiple Services Contracts).
  • Represented U.S. company in the purchase of a refinery in South America.
  • Represented a natural gas distribution company in Hermosillo-Guaymas-Empalme Geographic Zone in Sonora, Mexico to win the public bid for the first natural gas distribution permit issued by the Energy Regulatory Commission.
  • Represented the Ministry of Energy of Mexico in the privatization of the secondary petrochemical sector.
  • Represented the Bolivian government in the capitalization of their state oil company (YPFB) and in drafting their E&P model contracts and hydrocarbons law.
  • Represented U.S. company in the development of an LNG terminal in Altamira, Tamaulipas.
  • Represented joint venture in the planning of an LNG project in Baja California, Mexico.
  • Represented a company in the sale of LNG to CFE.
  • Represented Canadian company in the financing of new EOR technology for pilot programs in Mexico.
  • Represented U.S. sellers in the sale of a natural gas distribution company.
  • Represented Gas Natural del Noroeste for more than 15 years in regulatory matters, including the negotiation and execution of hedging, transportation, gas purchase, capacity reservation, distribution, interconnection, and construction agreements, with Pemex Gas & Basic Petrochemicals and other third parties.
  • Represented Dutch company in all issues related to the public bid for the transportation and installation of marine platforms in the Gulf of Mexico.
  • Represented Canadian company in connection with coalbed methane gas projects in Mexico for self-supply or delivery to Pemex.
  • Represented IPP in the obtainment of self-supply natural gas transportation permits before the Energy Regulatory Commission.
  • Represented several companies to regularize agrarian (ejido) property to develop oil and gas projects.
  • Represented consortium regarding the public bid for natural gas distribution issued by the Energy Regulatory Commission in the Bajio Norte Geographic zone.
  • Represented company in the sale and installation of subsea equipment to Pemex for the Lakach deepwater project.
  • Represented company in remotely operated vehicles (ROV) services to Pemex and Pemex contractors.
  • Represented company in the sale of two capping stacks to Pemex.
  • Represented company in the sale of subsea equipment to Pemex for the Lakach project.
  • Represented company regarding drilling contracts with Pemex.
  • Represented U.S. companies in obtaining marketing permits for fuels and natural gas.
  • Represented companies in connection with HSE matters before ASEA for transloading and storage.
  • Represented international Oilfield Service Company before the APIs (Mexican port authorities).
  • Represented international Oilfield Service Company in the importation and flagging of vessels into Mexico.
Power and Alternative Energy
  • Represented Chinese company in the purchase of solar projects in Mexico.
  • Represented bank in project finance of two solar projects in northern Mexico.
  • Represented U.S. solar developer for new greenfield projects in Mexico.
  • Represented a Canadian mining company in public policy matters to allow private sector to participate in the exploration and production of uranium in Mexico; work with Ministry of Energy.
  • Represented a very large offtaker to analyze its options to purchase capacity, energy and clean energy certificates (CELs).
  • Represented a company in the sale of energy and CELs to CFE in the long term auction issued by CENACE.
  • Represented a company that had gamma ray technology for perishable products to export from Mexico; worked with National Institute of Nuclear Research (ININ).
  • Represented a company in connection with regulatory matters before the Comision Nacional de Seguridad Nuclear y Salvaguardas (CONASENUSA) Mexico's Nuclear Regulatory Agency.
  • Represented Portuguese company in connection with a new power transmission line.
  • Represented a Canadian company in the procurement of yellow cake to Laguna Verde nuclear power plant in State of Veracruz, Mexico.
  • Represented buyers in the purchase of a company to develop a wind power project in Oaxaca.
  • Represented Canadian and U.S. companies in the registration process before the CRE and CENACE to trade financial transmission rights and to import and export electricity.
  • Represented a major car manufacturing company in connection with a new sub-station.
  • Represented developer in a 50-MW greenfield cogeneration power plant in Southeast Mexico.
  • Represented a Spanish company in corporate, M&A and agrarian matters for the development of a wind farm in the State of Oaxaca.
  • Represented Canadian company to develop mini hydraulic projects in certain dams and rivers throughout Mexico.
  • Represented several French companies in natural gas regulatory and antitrust matters.
  • Represented several companies to regularize agrarian (ejido) property to develop mining projects.
  • Represented consortium in a bidding process who was awarded with a contract for the design, construction and operation of a desalinization plant in Sonora, Mexico.
  • Represented U.S. company to export electricity into Mexico.
  • Represented U.S. company to import electricity into Mexico.
  • Represented U.S. company in a gas supply agreement for an IPP.
  • Represented Mexican off-taker to recover from the Federal Electricity Commission wrongful payment.
  • Represented several companies to regularize agrarian (ejido) property to develop power generation projects.
Dispute Resolution
  • Represented oilfield services company in mediation with Pemex.
  • Represented a Mexican company in the settlement regarding the termination of time charter party agreement for vessels.
  • Act as legal expert in oil and gas dispute between Pemex and oilfield service company.
  • Represented major oil field service company in the settlement of commercial litigation and of an ICC arbitration for breach of contract.
  • Represented an EPC contractor in a force majeure claim against a developer of a natural gas pipeline.
  • Represented a developer of an ethane pipeline against an EPC contractor claiming force majeure.
  • Represented a U.S. company in a dispute against CFE for the disqualification of two public bidding processes to anchor two natural gas pipelines.
  • Represented natural gas distribution company in several landmark administrative litigations to obtain reimbursement of funds (principal, inflation and interest) from the collection of a Letter of Credit by the Energy Regulatory Commission (CRE).
  • Represented joint venture company in commercial litigation and ICC international arbitration related to a natural gas self-supply partnership.
  • Represented natural gas company in an arbitration proceeding before the Energy Regulatory Commission.
  • Represented French company in an antitrust claim filed before the Federal Antitrust Commission in connection with a potential merger of two natural gas distribution companies in Monterrey, Mexico.
  • Represented U.S. company to annul the administrative rescission process in a procurement contract to supply refrigeration equipment to Pemex Petrochemicals.
  • Represented major construction company to settle claim against CFE, the Mexico City public utility company.
  • Represented company in two commercial disputes involving artificial lifting equipment.
Some of the above representations were handled by Nicolas prior to joining Haynes and Boone.

Honors

Chambers Global

2019 Chambers Global Directory Highlights Seven Haynes and Boone Lawyers, Four Practices

The 2019 edition of the Chambers Global legal directory recognized seven Haynes and Boone lawyers across four practice areas as leading providers of legal services in the international marketplace.


Published by Chambers and Partners - February 2019

C.V. EN ESPAÑOL

Nicolas Borda

Por favor, haga click aquí para bajar el C.V. en español de Nicolas Borda.

Selected Publications and Speeches

  • “Renewable Energy Developments in Mexico,” speaker, UT Renewable Energy Law Conference, Austin, TX, January 28, 2019.
  • USMCA Q&A, author, Latin America Energy Advisor, October 2018.
  • 17th Annual Gas and Power Institute, Speaker, Houston, TX, September 2018.
  • “U.S. /Mexico International Power Exchanges: Next Policy & Regulatory Steps” speaker, GCPA Conference, Mexico City, May 16, 2018.
  • “Profit or Peril for Electricity Consumers in Mexico? Managing Electricity Cost and Performance in the New Electricity Market in Mexico,” speaker, Acclaim Energy and Haynes and Boone, LLP Breakfast Seminar, Mexico City, May 17, 2018.
  • “New Transmission Siting and Ownership Issues,” speaker, Gulf Coast Power Association’s Mexico Electric Power Market Conference 2018, Mexico City, May 16, 2018.
  • 16th Annual Energy Day Conference, speaker, Mexico City, October 3, 2017.
  • “Mexican Energy vs. American Energy – Who Wins and Why?” speaker, The ANZMEX Energy Debate Series, Mexico City, March 23, 2017.
  • “Opportunities and Challenges of Implementing Gas and Power Projects in Mexico,” speaker, UT Annual Gas And Power Institute, September 2016.
  • “Mexico's Open for Business,” author, Oil and Gas Investor, August 2016.
  • “The New Energy Legal Framework in Mexico: Lessons Learned and the Way Forward,” speaker, 4th IEL-ANADE Conference, August 2016.
  • 21st Annual EnerCom Conference, speaker, Denver, CO, August 14, 2016.
  • “EnergyBuzz: Opportunities, Challenges in Mexican Energy Reform,” author,Texas Lawyer, November 24, 2014.
  • “Reforms Open Mexico to Foreign investors,” co-author, Law Week Colorado, September 15, 2014.
  • “Shale Boom Crosses Borders,” quoted, Houston Business Journal, May 16, 2014.
  • “Mexico: Spicing Up the North American Energy Revolution,” quoted, Oil & Gas Financial Journal, May 2014.
  • “Panel discussion on the Mexican Energy Reform and Doing Business in Mexico with Canadian companies during the Visit of the Canadian Prime Minister to Mexico,” speaker, Energy Task Force at the Nordic Chamber of Commerce in Mexico City, Mexico, February 18, 2014.
  • “Constitutional Reform on Mexican Energy Sector,” speaker, Energy Task Force at the Nordic Chamber of Commerce in Mexico City, Mexico February 14, 2014.
  • “Mexico’s Energy Reform: A New Chapter for the Oil and Gas Sector,” speaker, The University of Texas School of Law and Association International Petroleum Negotiators (AIPN) CLE: 2014 International Upstream Energy Transactions Conference, Houston, TX, January 31, 2014.
  • “Régimen Jurídico de los Hidrocarburos,” speaker, Post graduate degree in Energy Law at Escuela Libre de Derecho, México, D.F., October 2013.
  • “Towards Energy Reform: The New Mexican Model Oil & Gas,” speaker, BN Americas' Latam Oil and Gas Summit, Houston, TX, September 11-12, 2013.
  • “Mexico and Private Investors,” speaker, 26th Annual Energy Law Institute for Attorneys and Landmen, South Texas College of Law, Houston, TX, August 28-29, 2013.
  • “Liabilities in Mexico’s Oil & Gas Projects: The Right Balance?” author, Mexico Oil and Gas Review, June 2013.
  • “Oil & Gas Regulation and Policy: Recent Developments,” speaker, Rocky Mountain Mineral Law Foundation – International Mining and Oil & Gas Law, Development, and Investment, Cartagena, Colombia, April 2013.

Professional Recognition

  • Recognized in Chambers Latin America, Chambers and Partners, in Energy and National Resources in Mexico, 2012-2020
  • Recognized as a leading lawyer in Energy in Latin America and as a Thought Leader by the Latin American Corporate Counsel Association (LACCA), 2019
  • Listed in Chambers Global, Chambers and Partners, 2017-2018
  • Who's Who Legal Mexico, Law Business Research Ltd., Government Contracts, 2017-2018, and Energy, 2020
  • Recognized in Latin Lawyer 250, Law Business Research Ltd., 2016
  • Recognized in Euromoney’s Expert Guide to the World’s Leading Experts in Energy Law, Euromoney Institutional Investor PLC, 2013-2016
  • Recognized in The Legal 500 Latin America, Leading Energy and Natural Resources Lawyers, Legalese, 2012-2016
  • Recognized in World’s Leading Energy and Natural Resources Lawyers, Euromoney Legal Media Group, Euromoney Institutional Investor PLC, 2012-2016
  • Recognized in Best Lawyers Mexico, Natural Resources Law - Energy, Oil & Gas, Project Finance and Development Practice, Woodward/White, Inc., 2008-2019

Professional and Community Activities

  • National Association of Corporate Counsels (ANADE), Chairman, Energy Committee, 2013-2016
  • Mexican Bar Association, Chairman, Energy Committee, 2010-2012
  • National Association of Corporate Counsels, Board of Directors, 2009-2010
  • Mexican Academy for Energy Law, President, 2000-2004
  • Universidad Iberoamericana Law School, Mexico City, Professor, Energy Law, 1997
  • Escuela Libre de Derecho, Professor at the Energy Postgraduate Degree
  • Institute for Energy Law, Advisory Board
  • World Energy Council, Mexican Chapter, Legal Advisor
  • Association of International Petroleum Negotiators (AIPN)
  • Mexican Association of Energy Economics
  • Mexican Bar Association
  • National Association of Corporate Counsel
  • New York State Bar Association
  • Rocky Mountain Mineral Law Foundation
  • U.S.-Mexico Bar Association

Email Disclaimer