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Phillip Ashley

Partner

Picture of Phillip Ashley

Phillip Ashley

Partner

Contact
T +44 20 7367 3728
F +44 20 7367 2000
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

"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 law 2019
Wel­come to the 2019 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. Down­load the full re­view here.
Publication Energy & Climate Change
27 May 2020
CMS Ex­pert Guide to con­sequen­tial loss in the en­ergy sec­tor
Are you look­ing for in­form­a­tion on con­sequen­tial loss in the en­ergy sec­tor? This CMS Ex­pert Guide provides you with everything you need to know.
Expert Guide Energy & Climate Change
07 August 2020
Oil & Gas: Resolv­ing in­con­sist­ent qual­ity de­term­in­a­tion pro­vi­sions for...
In Septo Trad­ing Inc. v Tin­trade Lim­ited [2020] EWHC 1795 the Com­mer­cial Court con­sidered wheth­er a cer­ti­fic­ate of qual­ity for fuel oil was fi­nal and bind­ing on the parties where the spe­cif­ic terms agreed...
Law-Now Energy & Climate Change
9 October 2017
CMS An­nu­al Re­view of De­vel­op­ments in Eng­lish Oil and Gas Law 2017
Guide Energy & Climate Change
29 November 2018
CMS Ex­pert Guide to in­ter­im meas­ures
Are you look­ing for in­form­a­tion on in­ter­im meas­ures? This CMS Ex­pert Guide provides you with everything you need to know.
Expert Guide Dispute Resolution
07 August 2020
Oil & Gas / Ship­ping – Com­mer­cial Court Ex­am­ines Leg­al Ef­fect of “Sub­ject...
In the con­text of a crude oil voy­age charter, the Com­mer­cial Court has provided guid­ance on the leg­al ef­fect of “sub­ject to” pro­vi­sions in con­tracts.  In do­ing so, the Com­mer­cial Court noted that,...
Law-Now Energy & Climate Change
19 October 2016
CMS An­nu­al Re­view of De­vel­op­ments in Eng­lish Oil and Gas Law
Guide Energy & Climate Change
03 August 2020
Oil & Gas: Scope of le­git­im­ate reas­ons to with­hold con­sent
In Apache North Sea Ltd v IN­EOS FPS Ltd [2020] EWHC 2081 (Comm) the Com­mer­cial Court de­cided it was not le­git­im­ate to pre-con­di­tion the giv­ing of a con­sent upon rene­go­ti­ation of com­mer­cial terms where...
Law-Now Energy & Climate Change
1 September 2016
Pet­ro­leum Re­view: Oil and gas dis­putes
Ted Rhodes and Phil­lip Ash­ley look at the rise of oil and gas dis­putes in Lat­in Amer­ica.
Publication Energy & Climate Change
28 July 2020
Oil & Gas: Lim­ited du­ties of ‘pure in­ter­me­di­ar­ies’  
In CH Off­shore Lim­ited v In­ternaves Con­sor­cio Naviero SA, Mari­tima Altair Pet­ro­mar SA, Lamat Off­shore Mar­ine Inc., the Com­mer­cial Court has re­jec­ted an ar­gu­ment that an in­ter­me­di­ary owed a ves­sel own­er...
Law-Now Energy & Climate Change
28/06/2016
CMS dis­putes part­ners iden­ti­fied as Rising Stars in Leg­al Week
CMS dis­putes part­ners iden­ti­fied as Rising Stars in Leg­al Week. Ad­ri­an Bell, Phil­lip Ash­ley and Dani­elle Drum­mond-Brass­ing­ton have been flagged as part of a new gen­er­a­tion of lit­ig­at­ors mak­ing their mark.
News Dispute Resolution
28 July 2020
En­ergy Reg­u­la­tion - RE­MIT: Fur­ther clar­ity on what con­sti­tutes in­side in­form­a­tion
In re­cent months the Agency for the Co­oper­a­tion of En­ergy Reg­u­lat­ors (“ACER”), the EU agency which over­sees the Reg­u­la­tion on Whole­sale En­ergy Mar­ket In­teg­rity and Trans­par­ency (“RE­MIT”), has...
Law-Now Energy & Climate Change
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