New Model Contract Drafting Committees Formed to Develop Hydrogen Agreements

The AIEN Board has approved the formation of two new drafting committees to develop 1) a Hydrogen Joint Development & Operating Agreement (JDOA) and 2) a Hydrogen Sale & Purchase Agreement. The formation of these model contract drafting committees was a recommendation from AIEN’s Hydrogen Taskforce, who prioritized these as high-value agreements for AIEN to develop.

Hydrogen Joint Development and Operating Agreement

This committee has the objective of drafting an AIEN Hydrogen Joint Development & Operating Agreement (JDOA) expanding upon the foundational template established in 2023 and incorporating insights from the ongoing review of the AIEN Model Joint Operating Agreement (JOA). The purpose of the JDOA is to establish a collaborative framework between two or more parties for the joint development, implementation, and operation of hydrogen-related initiatives. This agreement aims to outline the terms, responsibilities, and procedures necessary to achieve common goals in the hydrogen sector. Acknowledging the diverse international contexts within the evolving hydrogen industry, the committee aims to create a jurisdiction-agnostic template taking elements from various legal traditions. The committee will place significant value on input not only from legal practitioners but also from commercial negotiators.

The committee will be co-chaired by Elisa Botero (Curtis, Mallet-Prevost, Colt & Mosle), Gonzalo Cabrera (C Energy Consulting) and Drake Hernandez (Charles River Associates).

Hydrogen Sale and Purchase Agreement

This drafting committee is undertaking the development of a definitive/long form renewable hydrogen sales and purchase agreement, alongside, it will create training materials to empower professionals in this emerging field.

The committee will be co-chaired by Zoe Bromage (King & Spalding) and Brad Zannes (Fortescue Future Industries), with Ben Stafford (Orrick Herrington & Sutcliffe) serving as rapporteur.

AIEN members, please visit your Manage Individual Profile page, select the ‘My Leadership and Committees’ tab, select the box next to the committee name and click ‘join’.

Non-members must submit an online request to join and can participate in one drafting committee at a time.