19 April 2023 .4 minute read
19 April 2023 .7 minute read
In this update we consider English energy sector court decisions made in the second half of 2022.
During that period, the world continued to adapt to the repercussions of the Ukraine conflict. As winter loomed, rising energy prices combined with fears of a global recession to bring energy security and supply to the forefront of the conversation both domestically and internationally. Meanwhile, the English courts continued to contend with issues of central importance to industry participants, alongside a continued scrutiny of the decision-making of energy regulators.
Against that background, in this 9th edition of the E&NR Case Law update, we summarise key cases relevant to actors in the E&NR sector from the period July – December 2022. The cases in question include issues such as the circumstances in which a force majeure clause can be validly invoked to terminate a contract, the circumstances in which the court will strike out a claim against a parent company for actions of its foreign subsidiary, what is required of a party in order to effectively trigger an option to arbitrate, the approach to be taken to determine the scope of an express contractual duty of good faith, a tribunal's powers to order interim relief in an award and the circumstances in which that might be challenged, the existence of the duty of directors to consider the interests of creditors in circumstances where a company is insolvent or bordering on insolvency, and in what circumstances the English courts will intervene in the decision-making of an energy regulator.
If the topics covered give rise to any questions, please do not hesitate to contact us to discuss further.