In all areas of the gas industry, ranging from off-shore production and process to supply by national and regional utility companies, the parties concerned usually prefer to retain legal advisers who have expertise in interpreting and advising on the specialist contract structures used and experience of working with gas industry professionals. This is true whether the advice is needed at the procurement stage of the project (see Procurement) or as part of representation in a dispute (see Adjudication, Arbitration, Litigation).
Members of Keating Chambers are instructed to advise and act on gas-related projects in the UK and throughout the world. The examples of recent and current instructions given below illustrate the range of work undertaken.
Relatively few gas-industry cases are reported in the law reports, but a recent exception was McAlpine PPS Pipeline Systems v Transco plc [2004] 96 Con LR 69 in which both sides were represented by counsel from Keating Chambers in litigation in the Technology and Construction Court. The case concerns the scope of an adjudicator's power to control the procedure of the adjudication. Specifically, it concerns an adjudicator's excess of jurisdiction in failing to deal with a defendant's objection to new issues being raised by claimant and adjudicator. This affected the fairness of the adjudication procedure. The case concerned entitlement to interest under an NEC contract associated with laying a gas pipeline.
Senior members of Chambers are often instructed as arbitrators as well as mediators and Dispute Board members in major overseas gas project disputes. The following are examples:
- Acting as presiding arbitrator in a dispute arising from marine works at a liquefied natural gas installation in the Middle East.
- Appointment as ICC arbitrator on a gas plant project in Pakistan.
Not all the gas-related instructions arise from disputes. The highly technical nature of gas industry contractual structures and documentation means that specialised advice is often needed on drafting and interpretation, which in turn can help to avoid potential conflicts by ensuring that the rights and obligations of the respective parties are clearly set out:
- Advice to clients on the interpretation and effect of a gas (and electricity) supply agreement.
- Advice to UK clients on the termination of a gas infrastructure development project agreement in Bangladesh.
Whether it is providing advice aimed at clarification and avoidance of disputes or working to resolve disputes through negotiation, mediation, arbitration or litigation, there is no substitute for industry knowledge and familiarity with technical processes and specialist forms of contract. The track-record of Keating Chambers indicates that this experience and expertise has been acquired by working together with gas producers and suppliers and their contractors and consultants over many years and many projects.
Further Information
For further information on how our members can assist you, please contact the Director of Clerking,
Paul Cooklin or Senior Clerk,
Nick Child in the first instance on +44 20 7544 2600. The teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.