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Farjoy's thoughts on PE

  1. 143 Posts.
    Farjoy's thoughts on PE:

    "I have thought carefully about whether I should respond to your kind invitation but I fear that my views would be mistaken for management's, and my knowledge would be imputed to them.  

    At this sensitive juncture, it is best for me not to aggravate the dispute.

    All I will say is that Woodside relies upon a literal approach to construction, FAR relies upon the purposive approach, historically pre-emptive clauses have been literally construed, but that approach has recently changed in Australia. See [35] of the Santos case http://www.austlii.edu.au/cgi-bin/s...em=0&synonyms=0&query=pre-emption&nocontext=1

    Every agreement is different, though.

    The JOA will be construed in accordance with the law of Senegal, and what I have said above may be utterly irrelevant."
 
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