Staying faithful: English Court’s termination of North Sea operatorship makes waves

February 03, 2020

A fortnight ago, the English Commercial Court handed down judgment in TAQA Bratani Ltd v RockRose UKCS8 LLC [2020] EWHC 58

Although the case concerns disputes that arose in connection with oil and gas infrastructure in the North Sea and the rights and obligations of the parties under long-term joint operating agreements, it has wider application. In coming to its decision, the Court considered what continues to be a hot topic under English law that concerns all long-term agreements (which include project contracts in the global energy, infrastructure and mining fields) – namely the concept of good faith in the context of written contracts entered into between sophisticated commercial parties. Our article takes a look at good faith following this rare JOA judgment and what it means in a developing area of law: