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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CMS Ex­pert Guide to In­ter­im Meas­ures
18/04/2019
BARE­CON - The Im­port­ance of Class
In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an ab­so­lute ob­lig­a­tion and a con­di­tion.
9 October 2017
CMS An­nu­al Re­view of De­vel­op­ments in Eng­lish Oil and...
13/03/2019
Oil & Gas: Rem­edy gran­ted against agent for cor­rup­tion in win­ning...
In HPOR Ser­vi­cos de Con­sultor­ia Ltda v Ocean Rig UDW Inc. and An­oth­er Com­pany [2018] EWHC 3451 (Comm), the Com­mer­cial Court was asked to deal with the con­sequences of, non-dis­clos­ure of, past cor­rup­tion by an agent in re­la­tion to sub­sequent con­tracts to act.
19 October 2016
CMS An­nu­al Re­view of De­vel­op­ments in Eng­lish Oil and...
24/01/2019
Oil & Gas: Naf­togaz v Gazprom - Right to a nat­ur­al gas price re­vi­sion
Dur­ing the course of 2017 an ar­bit­ral tribunal in the case of Naf­togaz v Gazprom (SCC Ar­bit­ra­tion No. V2014/078/080)[1] rendered two awards in de­term­in­a­tion of the price re­view dis­pute between the parties.
1 September 2016
Pet­ro­leum Re­view: Oil and gas dis­putes
22/01/2019
Oil & Gas: Court of Ap­peal deals with JOA budget over­runs and op­er­at­or...
In Spir­it En­ergy Re­sources Ltd & Ors v Mara­thon Oil UK LLC [2019] EW­CA Civ 11, the Court of Ap­peal dealt with an ap­peal con­cern­ing wheth­er an op­er­at­or, un­der a joint op­er­at­ing agree­ment, was en­titled to charge joint ven­ture par­ti­cipants for pen­sion fund short­falls.
28/06/2016
CMS dis­putes part­ners iden­ti­fied as Rising Stars in...
18/01/2019
Oil & Gas: Ab­sence of send-or-pay clause does not ne­ces­sar­ily avoid...
In Feb­ru­ary 2018, al­most three and a half years after the Re­quest for Ar­bit­ra­tion was is­sued, an award was rendered in one of the most high value ar­bit­ra­tions this past year. The over 1,000-page award in SCC Ar­bit­ra­tion No.
03/09/2014
An In­ter­na­tion­al Is­sue: 'Loss of Profit­s' and 'Con­sequen­tial...
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”).