Picture of Phillip Ashley

Phillip Ashley

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Phillip Ashley is a partner and solicitor-advocate 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).

In June 2016, Phillip was named Rising for Litigation by Legal Week magazine. He is recommended in Legal 500 for international arbitration, commercial litigation and oil & gas disputes. Phillip is also categorised as a "Rising Star" in Energy and Natural Resources by Superlawyers and in IFLR Energy and Infrastructure Sub-Saharan African Guide.

He is internationally recognised as being a specialist in high value energy disputes, including “energy pricing disputes, acting in a series of natural gas and liquefied natural gas price review arbitrations seated in London and Geneva, which were worth around US$10 billion” and “a US$16 billion pricing dispute over a long-term crude oil supply contract” (Global Arbitration Review).

Phillip was called to the bar of England and Wales in 1998 and subsequently cross-qualified to become a solicitor. Prior to joining CMS he was part of the in-house legal team at a leading international engineering, construction and project management company. 

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“CMS is, according to one client, ‘the best oil and gas practice in the UK’….”

“Phillip Ashley is recommended for disputes”

“Phillip Ashley ‘gets to the heart of a dispute without taking unnecessarily bullish positions”

Legal 500

Relevant experience

  • International oil companies in approximately US$12 billion of arbitrations relating to the pricing of 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 US$16 billion.
  • An independent energy company in an LCIA arbitration relating to the sale and purchase of participatory interests in Turkey. 
  • An oil services company in relation to an expert determination concerning the supply of defective equipment.   
  • Baker Hughes Limited in relation to successfully resisting an application (and subsequent appeal) to stay High Court proceedings pursuant to section 9, Arbitration Act 1996 (Baker Hughes Limited v Steadfast Engineering Company Limited  [2009] EWHC 3123 (QB)).
  • An independent oil company on potential contract and treaty disputes with a two host States, a State agency and a joint venture partner, concerning the exploration for oil in a “common zone” between the States (ICSID and LCIA arbitration provisions, seats Paris and Singapore).    
  • An international oil company on the impact of United Nations Security Council Resolutions 483 (2003), 1546 (2004), 1637 (2005), 1723 (2006), 1859 (2008), 1905 (2009) on a contract with the Government of Iraq.  
  • An international oil company on a potential dispute concerning send-or-pay and conditions precedent provisions in a North Sea transportation, processing and operating services agreement. 
  • An oil services company on a potential dispute concerning onshore drilling pursuant to LOGIC General Conditions of Contract for Well Services (as amended), English courts.  
  • A Swedish mining company on the operation of an English law option and shareholders agreement, governing gold mining interests in the Russian Federation. 
  • A Swiss mining company in relation to three potential LCIA arbitrations concerning two sale and purchase agreements and one guarantee, governing gold mining interests in the Russian Federation, seat London.
  • An international oil company on its liability for an abandoned exploration well in the North Sea.
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Education

  • University College London, Masters Degree in Law (Distinction) and Sir Jack Jacob Prize for Civil Justice, London
  • University of Greenwich, LLB (Hons) Law, London
  • Inns of Court School of Law, Bar Vocational Course
  • Called to the Bar by the Honourable Society of Lincoln’s Inn
  • Admitted to the Roll of Solicitors
  • Solicitor-Advocate (Higher Courts Criminal Proceedings)
  • Solicitor-Advocate (Higher Courts Civil Proceedings)
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Publications

  • 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)
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Expertise

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9 October 2017
CMS An­nu­al Re­view of De­vel­op­ments in Eng­lish Oil and...
27/07/2018
Oil and Gas - "Hanged on a Comma"? Punc­tu­ation in Fin­an­cing Agree­ments
Sum­mary In Vit­ol E&P Lim­ited v New Age (Afric­an Glob­al En­ergy) Lim­ited [2018] EWHC 1580 (Comm), the Com­mer­cial Court was asked to con­sider the re­la­tion­ship between a cor­por­ate lend­ing fa­cil­ity and a re­serve based lend­ing fa­cil­ity.
19 October 2016
CMS An­nu­al Re­view of De­vel­op­ments in Eng­lish Oil and...
26/07/2018
Ter­min­a­tion Pro­vi­sions in Drilling Con­tracts
In Vant­age Deep­wa­ter Com­pany and Vant­age Deep­wa­ter Drilling, Inc. (to­geth­er “Vant­age”) v Pet­ro­bras Amer­ica Inc. ; Pet­ro­bras Venezuela In­vest­ments & Ser­vices, BV; and Pet­róleo Brasileiro S. A. (Pet­ro­bras Brazil) (to­geth­er “Pet­ro­bras”) an ar­bit­ral tribunal awar­ded.
1 September 2016
Pet­ro­leum Re­view: Oil and gas dis­putes
19/07/2018
Tax in­dem­nit­ies in in­ter­na­tion­al M&A: when does tax be­come pay­able?
In Min­era Las Bam­bas SA & An­or v Glen­core Queens­land Ltd & Ors [2018] EWHC 1658 (Comm), the Com­mer­cial Court de­cided that VAT was not “pay­able” for the pur­poses of a tax in­dem­nity in a share pur­chase agree­ment and re­lated deed of in­dem­nity un­til it be­came co­er­cively.
28/06/2016
CMS dis­putes part­ners iden­ti­fied as Rising Stars in...
17/07/2018
Oil & Gas: drilling down in­to ter­min­a­tion for force ma­jeure
In Sead­rill Ghana Op­er­a­tions Lim­ited v. Tul­low Ghana Lim­ited [2018] EWHC 1640 (Comm), Tul­low Ghana Lim­ited (“Tul­low”) sought to de­fend its ter­min­a­tion of a con­tract for hire of a drilling rig with Sead­rill Ghana Op­er­a­tions Lim­ited (“Sead­rill”) (the “Con­tract”).
21/03/2016
CMS Guide to In­ter­im Meas­ures
14/06/2018
In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.
03/09/2014
An In­ter­na­tion­al Is­sue: 'Loss of Profit­s' and 'Con­sequen­tial...
23/05/2018
Oil & Gas: Im­plied con­tract for de­mur­rage out­side BP Terms
In Glen­core En­ergy UK Ltd v OMV Sup­ply & Trad­ing Ltd [2018] EWHC 895 (Comm) the Com­mer­cial Court de­cided that an ex­change of emails between parties to an ex­ist­ing crude oil sales agree­ment was cap­able of giv­ing rise to a sep­ar­ate im­plied con­tract.