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Expert Determination in the Energy Sector – When Will the Courts Intervene?

It is not uncommon for parties to agree that certain disputes should be referred to an expert for determination. However, when those disputes arise, the parties may disagree about the scope of the exercise to be carried out...more

DSAs: Calculating Security and the Role of Expert Determination

Decommissioning. A word familiar to all of those who are involved in oil and gas exploration and production around the globe. It is defined in the Cambridge English Dictionary as “taking a factory or other industrial...more

Challenging Policy on Climate Change Grounds

Divisional Court split on challenge against UK Export Finance’s decision to provide finance to the Mozambique LNG Project - In R (on the application of Friends of the Earth Limited) (the “Claimant”) v The Secretary of...more

Oil Spot Trading: Whose Terms Apply - The Incorporation of English Jurisdiction Clauses in Oral Agreements

Spot trading of oil is often done at speed and over the phone, with confirmatory written terms arriving after the sale. The practice has inherent legal risk – the terms of the deal may be uncertain and incomplete. In Addax...more

3/1/2022  /  Energy Sector , Oil & Gas , UK

Predictable unpredictability: stranded assets and the scope for disputes under PSCs

In the current climate, many exploration and production companies are looking to reduce capital expenditure and to streamline their operations. They are also reassessing their demand and price forecasts and considering the...more

JOAs: “Good Faith” and the implied qualification of express contractual powers

There have been a number of recent English Court decisions concerning implied obligations of good faith. In May 2019, we considered the potential impact of those decisions on joint operating agreements in the oil & gas...more

Obligations of Good Faith in JOAs - The Impact of Recent Decisions on 'Relational Contracts'

In the international upstream oil and gas exploration and production industry, joint operating agreements (“JOAs”) are the key agreements which govern the terms upon which oil and gas companies regulate their upstream joint...more

JOAs and the Operator's "blank cheque" – UK Court of Appeal upholds decision on budget overruns

The UK Court of Appeal in Spirit Energy Resources Limited & Ors v Marathon Oil U.K. LLC [2019] EWCA Civ 11 has affirmed the February 2018 decision of Mr Justice Robin Knowles of the High Court. Knowles J’s decision concerned...more

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