Michael Polkinghorne

Michael Polkinghorne

White & Case LLP

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Paris Energy Series No. 9: Expecting the Unexpected: The Force Majeure Clause

In August 2014, steel and mining company ArcelorMittal announced that it was suspending an expansion project to triple its iron ore production in Liberia due to the Ebola epidemic in West Africa. A few days earlier, Brazilian...more

2/13/2015 - Contract Drafting Contract Terms EU Force Majeure Clause

Plunging Oil Prices: Options for Long-term Project Participants affected by the Price Collapse

Plunging oil prices over the past six months have left many participants in long-term energy projects looking at very different deals from the ones they signed. Having hovered around US$115 per barrel in June 2014, prices...more

2/10/2015 - Construction Contracts Construction Industry Energy Projects Energy Sector Force Majeure Clause Hardship Doctrine Jurisdiction Oil & Gas Oil Prices

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

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 provide that a buyer must...more

11/6/2014 - Energy Energy Policy EU Liquid Natural Gas Natural Gas Oil & Gas Take-or-Pay Contracts

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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