Enforceability of Take-or-Pay Provisions in English Law Contracts – Resolved

    View Authors May 2016

    In this article, “Enforceability of Take-or-Pay Provisions in English Law Contracts – Resolved”, partner Ben Holland comments favourably on the recent resolution by the UK Supreme Court, the highest court in the United Kingdom, of a concern that certain take-or-pay provisions could be held unenforceable under English law. The decision clarifies that take-or-pay provisions should be enforceable, and not considered as an unenforceable penalty.

    This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of Energy & Natural Resources Law on 13 May 2016.