International electricity and gas regulation

Introduction

This is an overview of the key content to be found in our International electricity and gas regulation subtopic. It briefly explains the nature of this content and provides links to it.

Ireland and Northern Ireland

  1. Practice Note: The Northern Ireland electricity market—an introduction provides an introduction to the Northern Ireland (NI) electricity market, its key players and underlying legislation, its system of support for renewable energy projects (or current lack of the same) and the potential impact of Brexit on the new all-island integrated Single Electricity Market (I-SEM)

  2. Practice Note: Island of Ireland Single Electricity Market (SEM)—an introduction provides a detailed introduction to the all-Ireland (ie NI and Republic of Ireland (RoI)) Single Electricity Market (SEM) (also sometimes referred to as I-SEM). As well as the mechanics of the SEM itself, among other things this Practice Note includes coverage of the key facets of the island of Ireland electricity generation, electricity supply, wholesale electricity trading, and electricity interconnection markets. It also introduces the key commercial entities operating in the Irish electricity market along with the government departments, energy

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The construction of jurisdiction clauses in the context of the Contracts (Rights of Third Parties) Act 1999 and the mechanisms of service(Campeau v Gottex Real Asset Fund 1 (OE) Waste S.À.R.L)

Dispute Resolution analysis: This case considers a jurisdictional clause in the context of service under CPR 6.33(2B)(b), which allows service out of the jurisdiction where the defendant is party to a jurisdiction clause. There is no corresponding requirement for the claimant to be a party to that jurisdiction clause. The starting point is that jurisdiction clauses are not generally intended to concern disputes with third parties. However, that is no more than a starting point and one which can be departed from in appropriate cases. This was one such appropriate case whereby the circumstances and construction of the clause led to the finding that it did include the third party claimant’s (Mr Campeau) claim. While not strictly necessary given the judge’s findings in relation to the construction of the clause, Mr Justice Butcher considered that, where a jurisdictional clause was wide enough to encompass disputes from third parties, then it will likely also amount to a ‘relevant term’ for the purposes of section 1(4) of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999). That meant that the third party, in seeking to enforce their rights under the SPA, was statutorily obliged to do so in England and so could rely upon CPR 6.33 (2B) (b) in that respect also. Written by Georgia Whiting, legal counsel (contentious construction) at Capita.

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