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ExxonMobil Strikes Back: Energy Companies Take a More Proactive Approach to Activist ESG Shareholders

ExxonMobil has filed proceedings in the US District Court for the Northern District of Texas against two shareholders, alleging that proposals seeking an increased pace for reductions in emissions amount to “intrusion” into...more

Rethinking Safeguards in Arbitration?

In The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm) the Commercial Court determined that arbitration awards against Nigeria had been obtained by fraud and were contrary to...more

Challenging Policy on Climate Change Grounds

Divisional Court split on challenge against UK Export Finance’s decision to provide finance to the Mozambique LNG Project - In R (on the application of Friends of the Earth Limited) (the “Claimant”) v The Secretary of...more

Good Faith in English Contract Law

Summary - Under English law, there is no general doctrine of good faith. This means that there is no general obligation to act in good faith during the negotiation of commercial contracts. The exceptions to this rule...more

3/1/2022  /  Duty of Rationality , Good Faith , UK

Decommissioning Oil and Gas Wells in the UK – High Court Delivers Important Judgment with Ramifications for M&A Deals and the...

In the recent case of Apache UK Investments Limited v Esso Exploration and Production UK Limited [2021] EWHC 1283 (Comm), the English High Court has delivered an important ruling which addresses the extent to which a prior...more

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