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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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September 2019
An­nu­al Re­view of de­vel­op­ments in Eng­lish oil and gas...
20 Nov 19
Oil and Gas / Ship­ping: The leg­al rem­ed­ies for breach of a re­strict­ive...
Sum­mary In Priy­anka Ship­ping Lim­ited v. Glory Bulk Car­ri­ers Pte Lim­ited (the “Lory”) [2019] EWHC 2804 (Comm), the Com­mer­cial Court was asked to con­sider the rem­ed­ies avail­able to ad­dress a breach...
9 October 2017
CMS An­nu­al Re­view of De­vel­op­ments in Eng­lish Oil and...
07 Oct 19
Tar­get cost con­tract­ing and joint ven­ture agree­ments
A re­cent TCC de­cision has con­sidered the tar­get cost pro­vi­sions of the NEC3 Op­tion C con­tract in the con­text of a joint ven­ture agree­ment between two con­tract­ors. The de­cision con­siders the abil­ity of...
19 October 2016
CMS An­nu­al Re­view of De­vel­op­ments in Eng­lish Oil and...
05 Sep 19
Oil & Gas: Un­wit­ting ‘on-de­mand’ bond by guar­ant­or
In Ru­bicon Vant­age In­ter­na­tion­al PTE Ltd v Krisen­ergy Ltd [2019] EWHC 2012 (Comm), the Com­mer­cial Court de­cided that the spe­cif­ic word­ing of a ‘char­ter­er guar­an­tee’ res­ul­ted in as­pects of it be­ing...
1 September 2016
Pet­ro­leum Re­view: Oil and gas dis­putes
19 Aug 19
Tax cov­en­ant no­tice pro­vi­sions con­sidered in Court of Ap­peal
In Sto­bart Group Ltd & Sto­bart Rail Ltd v Sto­bart & Tink­ler [2019] EW­CA (Civ) 1376, the Court of Ap­peal con­sidered the ex­tent to which val­id no­tice had been giv­en of a tax cov­en­ant claim pri­or to the...
28/06/2016
CMS dis­putes part­ners iden­ti­fied as Rising Stars in...
14 Aug 19
Up­date: Tax in­dem­nit­ies in In­ter­na­tion­al M&A
Min­era Las Bam­bas SA & An­or v Glen­core Queens­land Ltd & Ors [2019] EW­CA Civ 972 was an ap­peal from a High Court judg­ment of 20 Septem­ber 2018. In that judg­ment, the High Court had held that the sellers...
03/09/2014
An In­ter­na­tion­al Is­sue: 'Loss of Profit­s' and 'Con­sequen­tial...
02 Aug 19
Oil & Gas, Com­mod­ity / Goods Sales and In­fra­struc­ture: Guar­an­tees...
The Com­mer­cial Court re­cently re-em­phas­ised in Longulf Trad­ing (UK) Ltd v Niyazi Onen Gida SAN AS & An­or [2019] EWHC 1573 (Comm) the im­port­ance of prop­erly com­ply­ing with the terms of a guar­an­tee when...