Michael Polkinghorne

Michael Polkinghorne

White & Case LLP

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Latest Publications


Tecnimont SPA v. J&P Avax: France’s highest court reinforces the legal status of arbitration rules

Last week, the French Cour de Cassation issued its long-awaited decision in the Tecnimont matter. It quashed a decision of the Reims Court of Appeal which had set aside an ICC award on the basis of lack of independence of the...more

7/7/2014 - Arbitration Arbitration Agreements EU ICC

Paris Energy Series No. 8: Beware of the Boilerplate – The Risks of Standard-form Clauses in Common and Civil Law Jurisdictions

1. Introduction - When commercial agreements are negotiated, certain key terms are generally the subject of intense discussion. Once these terms have been agreed, there is a risk the ‘boilerplate’ provisions1 at the...more

6/4/2013 - Arbitration Boilerplate Language Commercial Contracts Merger Clause Notice Requirements Severability Doctrine Standard Forms Terms and Conditions Waivers

Paris Energy Series No. 7: Take-or-pay Conditions in Gas Supply Agreements

I. Introduction - Take-or-pay provisions are now fairly common in long-term offtake and supply agreements in the energy sector, a notable example being gas supply agreements. In essence, take-or-pay provisions...more

4/19/2013 - EU Oil & Gas Project Finance Revenue Supply Contracts Take-or-Pay Contracts UCC

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