Exclusion Clauses: Navigating the Minefield
Article from: OGEL 5 (2012), in International Contracts
Introduction
In energy contracts, attempts are frequently made to exclude or limit the liability of one or more of the parties. Lawyers and business people alike will be familiar with the appearance of exclusion clauses, not least because we encounter them so often in the contracts we enter into every day as consumers. Exclusion clauses are some of the most important provisions in any agreement. They will always be amongst the most heavily scrutinised sections of a contract if a dispute develops. The success or failure of vast claims can (and often does) hinge on the question of whether a cap on ...