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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"He provides very sound advice and is a good lateral thinker, seeking solutions to avoid costly litigation,"

Chambers, 2019

“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...
03/01/2019
No-Deal EU Exit: RE­MIT Con­tin­gency Ar­range­ments
Our re­cent LawNow high­lighted the in­crease in the num­ber of fines pur­su­ant to the Reg­u­la­tion (EU) No 1227/2011 on Whole­sale En­ergy Mar­ket In­teg­rity and Trans­par­ency (“RE­MIT”) be­ing im­posed by Na­tion­al Reg­u­lat­ory Au­thor­it­ies (“NRAs”).
19 October 2016
CMS An­nu­al Re­view of De­vel­op­ments in Eng­lish Oil and...
21/12/2018
RE­MIT Up­date: More fines im­posed un­der RE­MIT
Na­tion­al Reg­u­lat­ory Au­thor­it­ies (“NRA”) in the en­ergy sec­tor are sig­ni­fic­antly step­ping up in­vest­ig­a­tions and fines pur­su­ant to the Reg­u­la­tion (EU) No 1227/2011 on Whole­sale En­ergy Mar­ket In­teg­rity and Trans­par­ency (“RE­MIT”) across Europe.
1 September 2016
Pet­ro­leum Re­view: Oil and gas dis­putes
19/11/2018
Oil and Gas: Pro­tect­ing LNG pro­ject and feed-gas sup­ply from State...
A re­cent award rendered by a tribunal act­ing un­der the aus­pices of IC­SID, the World Bank’s ar­bit­ra­tion in­sti­tu­tion, in Uni­on Fen­osa Gas S. A. v Ar­ab Re­pub­lic of Egypt, provides fur­ther guid­ance for com­pan­ies in the en­ergy sec­tor to en­sure that se­lec­ted con­tract­ing.
28/06/2016
CMS dis­putes part­ners iden­ti­fied as Rising Stars in...
25/10/2018
Oil & Gas: Scope of Force Ma­jeure Clauses in Ye­men PSAs
Force ma­jeure clauses typ­ic­ally ex­cuse li­ab­il­ity for, or sus­pend per­form­ance of, con­trac­tu­al ob­lig­a­tions on the oc­cur­rence of a spe­cified event. In the re­cent case of Gu­jar­at State Pet­ro­leum Cor­por­a­tion Ltd et al.
21/03/2016
CMS Guide to In­ter­im Meas­ures
02/10/2018
CMS An­nu­al Re­view of de­vel­op­ments in Eng­lish oil and gas law
Wel­come to the 2018 edi­tion of the CMS An­nu­al Re­view of de­vel­op­ments in Eng­lish oil and gas law, fea­tur­ing com­ment­ary and ana­lys­is on the latest de­vel­op­ments in Eng­lish oil and gas law. This year’s edi­tion deals with re­cent case law in JOAs, sup­port ves­sels.
03/09/2014
An In­ter­na­tion­al Is­sue: 'Loss of Profit­s' and 'Con­sequen­tial...
26/09/2018
Force ma­jeure clauses and caus­a­tion
A Com­mer­cial Court de­cision earli­er this month has con­sidered the ex­tent to which a force ma­jeure clause re­quires a party to prove that it would oth­er­wise have per­formed its ob­lig­a­tions in the ab­sence of any force ma­jeure event.