Ben Holland
Described as a “true energy disputes lawyer”, and “excellent for tricky, high-value disputes”, Ben Holland specialises in handling multijurisdictional large-scale dispute resolution for energy-sector clients around the world.
Ben works exclusively on energy-related disputes, with a particular emphasis on natural gas. Recent editions of The American Lawyer’s Arbitration Scorecard have recognised three of Ben’s gas-sector arbitrations as among the largest in the world.
Ben is a recognised expert on hydrocarbon supply and pricing disputes under long-term international oil, gas, LNG and coal sale agreements and the impact of economic and regulatory change on the commercial balance under them. He also focusses on disputes arising out of fluctuations in the price of crude oil and the consequential impact on the price of oil products, natural gas, LNG, coal and other commodities.
Active in the oil, LNG, power and utilities, renewables and mining sectors, Ben advises on disputes concerning the construction, operation and decommissioning of oil, gas and LNG production facilities and equipment, pipelines, onshore and offshore engineering, power and renewables facilities. He also handles international trade and shipping disputes.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2000
Membership
- Energy Institute
- International Bar Association
- UK Energy Lawyers’ Group
Qualification
- BA (Jurisprudence) (1996)
Education
- Oxford Institute of Legal Practice, 1997
- University of Oxford, 1996
2 Contributions by Ben Holland
PRACTICE NOTES
Force majeure and frustration in offshore oil and gas projects: English law guidance on COVID-19 and market disruptions, notice and mitigation, with analysis of LOGIC, DISMANTLECON and drilling contracts
COVID-19 as a recent example of a significant market disruption
In early 2020, the oil sector grappled with dwindling storage capacity amid oversupply, collapsing prices and a sharp fall in demand. Operators and supply chain companies scaled back activity and investment to safeguard cash flows.
Capital expenditure was cut by tens of billions of dollars.
Contracted rigs were suspended, cold-stacked or cancelled.
Offshore field developments were postponed.
Decommissioning and abandonment were brought forward.
At the same time, coronavirus spread through offshore installations and vessels. Under normal conditions, around 11,500 people would be working on North Sea projects at any given moment; by 20 March 2020 this had fallen by 4,500 (about 40%), according to Offshore Energies UK (formerly Oil & Gas UK). This triggered difficult logistical calls: what if the required expertise is quarantined? What happens when contracted service providers cannot fulfil their obligations, or operations on a rig or platform are no longer judged safe? Likewise, the impact of COVID-19 has been far reaching, affecting operations and supply chains for...
Energy
PRACTICE NOTES
UK offshore oil and gas decommissioning disputes: Section 29 notices and challenges, decommissioning programmes, decommissioning security agreements, expert determination, contractor risk allocation and legacy liabilities
Scope
The UK’s decommissioning framework spans offshore oil and gas installations and offshore submarine oil and gas pipelines. It gives effect to the UK’s obligations under the 1992 Convention for the Protection of the Marine Environment of the North East Atlantic (OSPAR), and also implements duties under the 1982 UN Convention on the Law of the Sea. For further detail on UK government policy on decommissioning and the underpinning international law, see Practice Note: Decommissioning—International Law and UK Government Policy.
In May 2021, the North Sea Transition Authority (NSTA) (formerly known as the Oil & Gas Authority) released its Decommissioning Strategy to drive cost efficiencies across decommissioning and to articulate its view that decommissioning should aid the energy transition. This can be achieved by assessing decommissioning alongside potential re-purposing of wells and structures (for example, for carbon capture and storage, or for future hydrogen use). The deployment of technology is likewise expected to enable cost-efficient decommissioning.
As a default under international law, disused installations or pipelines must be removed completely, meaning they are to be taken back to land for reuse or for appropriate disposal...
Energy
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