The following Energy practice note produced in partnership with Judith Aldersey-Williams of CMS provides comprehensive and up to date legal information covering:
The infrastructure in the United Kingdom Continental Shelf (UKCS) is a complex network which has developed over many decades, much of it built to serve the needs of individual fields, but also including a network of trunk lines. Over the years increasing amounts of capacity have become available in pipelines and platform processing facilities. At the same time, in a mature basin such as the UKCS, discovery sizes have fallen, and few fields are now large enough to justify the creation of entirely new infrastructure. Most new developments therefore require access to third-party infrastructure in order to reach the shore. In some cases, access may be required to several different links in an export route. This would seem to present a great opportunity for both owners of new fields and owners of infrastructure. However, it comes with challenges.
First, for many new fields, there will be limited choice as to export route and therefore the normal competitive market process may fail to operate effectively. The infrastructure may even constitute an essential facility for competition law purposes, where failure to allow access on fair and non-discriminatory terms would constitute an abuse of a dominant position (see below Competition issues).
Added to this, for some operators in the UKCS, third party access (TPA) has in the past been viewed, and some would argue still is viewed, as more
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BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
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This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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