Phillip S. Ashley

Phillip Ashley is a Solicitor-Advocate working exclusively on international arbitration and commercial litigation in the energy sector.

Phillip advises international oil companies, national oil companies, independents, service companies and investors on contentious energy and power related issues, including disputes relating to: price (including price reviews); termination and frustration of agreements; exploration concessions; cash calls; farm-out agreements; joint operating agreements; sale and purchase agreements; production sharing agreements; transportation agreements; defective materials; changes to regulatory structure; and the enforcement of foreign judgments.

He has also advised on issues of public international law, including the impact of investment treaties on transactions and the implications of United Nations Security Council Resolutions.

Prior to joining CMS Cameron McKenna LLP he was part of the in-house legal team at a leading international engineering, construction and project management company.

Relevant experience includes advising:

• An independent energy company in an LCIA arbitration relating to the sale and purchase of participatory interests in Turkey, seat London. 
• 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 in relation to 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 in relation to 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 in relation to 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 in relation to a potential dispute concerning onshore drilling pursuant to LOGIC General Conditions of Contract for Well Services (as amended), English courts.  
• A Swedish mining company in relation to 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.
• International oil companies in approximately US$10 billion of arbitrations relating to the pricing of LNG, seats in London and Geneva.
• 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, seat London.
• An international oil company in relation to its liability for an abandoned exploration well in the North Sea.