DT Digest Publishes Akin Gump Article on “Take or Pay” Clauses

November 2, 2020

Reading Time : 1 min

Contact:

Jacinta O'Shea-Ramdeholl

Director of Communications

Sarah Richmond

Senior Communications Manager

“Take or pay: Does the law of penalties apply?,” an article by Akin Gump litigation partner Hamish Lal and associates Josephine Kaiding and Léa Defranchi that originated as a client alert, has been published by Driver Trett Digest.

The article discusses the burgeoning topic of the enforceability of “take or pay” clauses in supply agreements and notes as the key issue “whether take or pay clauses can be an unenforceable penalty.” The authors note that English law will often govern international supply agreements, but that, while English case law may be typically consulted on take or pay clauses, the question of whether the law of penalties applies to such provisions “also opens a wider generic debate in other jurisdictions, including whether the sums payable can be reduced commensurate with the actual harm to the supplier.”

The article examines the nature of take or pay clauses and the applicability of the law of penalties, taking recent English High Court judgements as examples, as well as the nature of penalties under English law and liquidate damages under civil codes.

To read the full article, click here.

Share This Insight

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.