Phillip Ashley

Practice Areas

Phillip Ashley is a partner who "specialises in contentious matters relating to the oil and gas and power sectors" and has advised on "matters relating to oil and gas investments in every continent except Antarctica" (Global Arbitration Review).

Phillip has extensive experience of international arbitration, commercial litigation, judicial review, expert determination, Competition and Market Authority appeals and regulatory investigations in the energy sector.

He is internationally recognised as being a specialist in high value energy disputes. According to Chambers and Partners he has “extensive experience of ICC and LCIA arbitrations, as well as court proceedings, concerning both oil and gas and conventional power assets” (Chambers Global). As a solicitor-advocate, Phillip regularly appears as counsel in significant energy related commercial arbitrations and expert determinations. He is has appeared as counsel in energy related disputes in the High Court in London.

Publications

Dispute Resolution Clauses, Oil and Gas Contracts: Principles and Practice (Second Edition, 2019)

Default clauses in joint operating agreements: recent guidance from the English courts (International Energy Law Review, 2016)

Enforceability of Take-or-Pay Provisions in English Law Contracts (Journal of Energy & Natural Resources Law, 2013)

Natural Gas Price Reviews: Past, Present and Future (Journal of Energy & Natural Resources Law, 2012)

Work Highlights

A national oil company in an USD 1.2bn ICC arbitration relating to cross-flows between oil blocks.

An independent power producer in an LCIA arbitration concerning the pricing of natural gas in Israel.

An operator in two LCIA arbitrations concerning unpaid cash calls relating to operations in Angola with a value of approximately USD 80m, including various counterclaims concerning allegations operator performance.

International energy companies in approximately USD 12bn of arbitrations relating to the pricing of natural gas an LNG.

A leading state-owned company in a pricing dispute regarding a long-term crude oil supply contract with a sum in dispute in excess of USD 16bn.

An independent oil company in an UNCITRAL arbitration concerning the redetermination of tract interests in an LNG mega-project in the ASEAN region.

A manufacturer in a London Chamber of Commerce Arbitration concerning a nuclear reactor.

Commercial litigation

The non-operators in the forced removal of an operator under a joint operating agreement by vote (TAQA Bratani Ltd & Ors v Rockrose UKCS8 LLC [2020] EWHC 58 (Comm))

Marathon Oil, TAQA Bratani, Centrica and JX Nippon in relation to a dispute concerning joint venture consent to the sale of transportation and processing assets, including issues concerning pre-emption and reasonable assurances for transfer (Apache Beryl I Ltd v Marathon Oil UK LCC & Ors [2017] EWHC 2258 (Comm)).

Neptune E&P UK Limited in relation to delay and liquidated damages concerning the fabrication of the topsides for the Cygnus project (Heerema Hartlepool Limited v Neptune E&P UK Limited [2018] EWHC 2217 (TCC)).

Judicial review

Octopus Energy as an interested party in judicial review challenges related to the transaction by which Octopus Energy acquired Bulb Energy from administration (British Gas Trading Ltd, R (On the Application Of) v Secretary of State for Energy Security and Net Zero [2023] EWHC 737 (Admin)).

Judicial review and CMA

The electricity system operator in a dispute concerning the Connection and Use of System Code and EU law (SSE Generation Ltd & Ors, R (On the Application Of) v Competition And Markets Authority [2022] EWHC 865 (Admin))

Expert determination

A system operator in an expert determination to ascertain fair commercial terms for third party access a mid-stream gas pipeline under a transportation agreement and parallel international treaty.

A large international oil company in an expert determination concerning compensation for disruption caused in the process of construction and tie into existing facilities.