Worldwide: Countries Approach Fracking With Interest And Caution

Last Updated: January 6 2014
Article by Stephen L. Kass

In my last column (" Keystone and Fukushima: Balancing Needs and Risks," Sept. 18, 2013), I pointed out the significant environmental risks from both Canada's oil sands and Japan's nuclear facilities and concluded that, after balancing their respective benefits and risks, neither represented a desirable model for either the United States or the international community to meet their future energy needs. Those needs are expected to grow substantially as developing countries strive to improve their standards of living and the world's population grows from seven billion to more than nine billion people.

Where is that new energy going to come from? While the first choice, especially in the United States and other developed countries, must surely be conservation, energy efficiency and renewable energy sources (solar, wind, geothermal and tidal), those are not sufficient for most developing countries, where average consumption is much less than in the United States, renewable options are often fewer and the additional infrastructure required for renewable energy makes it an unrealistic foundation for national energy policy. Indeed, even in the United States, conservation, energy efficiency and renewables are seen as part of a comprehensive energy mix, not as a complete substitute for fossil fuels until at least 2050.

That leaves coal, oil and natural gas as the most realistic base energy choices for many developed and developing countries. While coal is recognized as a major source of greenhouse gases (GHGs) and other environmental impacts, its low cost and wide availability continue to make it attractive to China, India and many other countries. Oil contributes less than coal to climate change, but it too is a major source of GHGs and is often tied to politically unreliable regions (the Middle East) or governments (Russia, Venezuela).

Vastly increased, and less expensive, natural gas from hydraulic fracturing ("fracking") is therefore attractive to economists seeking to stimulate development, to national security officials seeking independence from unreliable oil suppliers and to those environmentalists who believe (as I do) that substituting natural gas for coal and oil is necessary if the world is to have any chance of avoiding runaway GHG emissions from developing countries. Such emissions already threaten to overwhelm any efforts to hold global warming to "only" two degrees above pre-industrial levels, a goal unlikely to be achieved absent a significant slowdown in future GHG emissions from China, India, South Africa and other emerging economies that now rely heavily on coal.

This column describes the current fracking debate in Europe and several Asian, African and Latin American countries, including the extent to which the resolution of concerns about fracking's environmental impacts in the United States may affect policy decisions abroad.

The U.S. Fracking Debate

Much has been written about fracking in the United States, where fracking now accounts for about 25 percent of domestic natural gas (a figure expected to rise to 50 percent by 2035). In addition to lowering domestic energy costs, fracking is widely credited with reducing U.S. "carbon intensity" and GHG emissions in 2012 by substituting gas for coal in energy production. Nevertheless, fracking has been subject to intense attack, particularly in the Northeast, by environmental organizations and neighborhood groups concerned with potential impacts on local and regional water supplies, contamination of homeowners' wells, industrial traffic in rural or recreational areas, disposal of untreated fracking fluids in local wastewater treatment plants, potential methane releases during well development or operation, water availability in drought-affected areas and the oil and gas industry's arrogant refusal to disclose the composition of its fracking fluids. Some recent studies have also suggested that, unless methane releases from fracking are strictly controlled, the GHG advantages of natural gas over coal could be significantly reduced.

These concerns have lead the Natural Resources Defense Counsel, EarthJustice and other environmental groups to demand a halt to further fracking in New York, Pennsylvania and other nearby states. These campaigns, echoed by many grassroots groups in the Northeast, have persuaded both New York State's Department of Environmental Conservation and the U.S. Environmental Protection Agency to extend their already lengthy environmental reviews of fracking, during which further natural gas development in the Northeast is effectively on hold, even while fracking and natural gas exploitation proceed rapidly in the western United States.

EU Search for a Unified Policy

Natural gas is still largely a localized commodity. It is in gas form at normal temperatures and pressures and thus difficult to transport globally.1  While gas can be converted into liquefied natural gas (LNG), the technology involves specialized equipment and transport infrastructure, which are only starting to be developed on a large scale in the United States. Other countries with ample natural gas reserves similarly cannot export their natural gas until the necessary pipelines and LNG terminals have been constructed. This has led the European Union (EU) to consider how its member states can secure the benefits of expanded natural gas through domestic fracking without the environmental risks raised by U.S. environmentalists.

Like the United States, Europe relies on natural gas for approximately a quarter of its energy needs, but virtually none of that comes from fracking within the EU. Instead, many EU states rely on natural gas from Russia, a reliance that makes them (and others) anxious to find alternative sources of supply independent of President Vladimir Putin's continued good will. Despite this strategic concern, most EU states, and the EU itself, have been reluctant to embrace fracking because of the widespread public perception that it is environmentally harmful or, at the very least, risky and thus contrary to the "precautionary principle" that is a fundamental feature of EU environmental law.

At the same time, however, European coal consumption has continued to increase, and Europe saw a 3 percent increase in total carbon emissions in 2012. It seems likely, therefore, that EU policymakers will in the future reconsider their current stance on fracking, not only on strategic and competitiveness grounds, but also to meet their own reduced GHG targets under the Kyoto Protocol (to which the EU remains committed), provided the emissions benefits of fracking can be confirmed and its environmental impacts satisfactorily mitigated.

First, however, Europe's regulatory framework would need to be reformed. Most EU members rely on general mining or environmental laws to regulate fracking, resulting in sometimes conflicting laws and multiple permit requirements for a single project.2  In an effort to deal with this multiplicity of sometimes conflicting regulations, in November 2012, the EU, after refusing to approve a complete moratorium on fracking, embarked on its own effort to develop a coherent European policy for this new technology and in October 2013 voted to require energy companies to conduct environmental audits before fracking.3  As the EU search for a unified policy continues over the next year, it is useful to consider how several EU countries are approaching fracking in the interim.

France: In 2011, France, which relies largely on nuclear power, banned fracking entirely because of its perceived environmental risks. In October, 2013, the French Constitutional Court upheld the ban as constitutional.

Germany: Germany has 1.3 trillion cubic meters of technically recoverable shale gas, though much of it in nature and drinking water protection areas.4  Germany has also adopted environmental goals for 2022 that include getting 80 percent of energy from renewable sources, reducing GHG levels by 80 percent below 1990 levels and closing all nuclear plants.

To achieve these goals (and restrain price increases following the nuclear shutdowns), in February 2013 Chancellor Angela Merkel announced that the government would draft regulations to allow fracking outside of water protection areas.5  However, following the September 2013 elections, the German government placed a moratorium on fracking until it assessed its environmental risks, particularly with respect to drinking water and seismic activity.6

United Kingdom: Fracking had been used in a single well in the U.K. until 2011, when seismic activity, which had never been recorded there before, was detected in the area. The government temporarily suspended all fracking until it completed an assessment of the seismic activity and determined how to mitigate such events in the future. Regulations now require review of seismic risk and faults in the area before a license to frack can be issued.7

Overall, the government now appears eager to exploit the U.K.'s shale gas reserves, particularly in the Bowland Basin, which contains 1,300 trillion cubic feet of gas (enough to provide energy to the U.K. for the next 50 years).8  In July 2013, the British treasury lowered the tax rate for onshore shale gas production to 30 percent.9  Not unexpectedly, protest movements have sprung up throughout the U.K. to stop the exploitation of shale gas. As in the United States, fracking opponents seek to use local land-use laws to slow fracking, pointing to the need to secure landowners' consent before drilling horizontally through subsurface shale.10

Poland: Poland is home to the largest shale gas reserves in western Europe11 and has progressed farther than other EU countries in exploiting natural gas. By May 2013, 44 shale gas wells were completed, three were being drilled and almost 20 wells used some sort of hydraulic fracturing. Meanwhile, more than 100 exploration licenses have been issued by the government. Poland has been eager to exploit its reserves because of its dependence on domestic coal, which provides 95 percent of its energy,12 and on Russia for oil and natural gas.13 Poland's commitment to fracking, while therefore understandable on multiple grounds, nevertheless triggered opposition at the recent Warsaw conference on climate change, where opponents argued that fracking actually increases GHG emissions, presumably through uncontrolled methane releases.14


The U.S. Energy Information Agency ( EIA) estimates that China has the largest reserve of shale gas in the world (1,115 trillion cubic feet), more than both the United States and Canada combined.15  It is widely understood that a shale gas revolution, like that in the United States, would have enormous benefits for China, a country with extremely high levels of pollution in its cities and the largest energy importer in the world.16  Currently, China relies on coal for nearly 70 percent of its energy and on natural gas for just 5 percent.17  In 2012 China's National Energy Administration released a national strategy that sets ambitious targets for shale gas development by 2015 (6.5 billion cubic meters) and 2020 (60-100 billion cubic meters).18

However, China has only just started developing its shale extraction technology, and a number of factors have slowed the process, including its shortage of natural gas pipelines (some 22,000 miles compared to 300,000 miles in the United States).19  China's shale is said to be older than that in the United States, and thus more dense and harder to exploit. Moreover, much of its shale gas is located in desert regions where access to water is scarce. This may prove to be a limiting factor for China as it struggles with limited, and already polluted, water for many of its cities, where the scarcity of clean water has become a focal point for environmental reform.

Despite these factors, it is all but certain that China will pursue fracking with the same intensity that it has invested in solar energy. The Chinese National Oil Companies have already begun investing in U.S. energy companies in order to acquire relevant expertise, and in the past year China has awarded exploration rights to 16 domestic companies that have pledged to invest some $2 billion in natural gas exploration in 19 regions around the country.20  The Ministry of Land has also labeled shale gas as a "hydrocarbon," allowing fracking by international, not just state-owned, companies.21

South Africa

In April 2011, the South African government placed a moratorium on licenses for oil and gas exploration in the Karoo region,22 a semi-desert region that covers one third of the country. Karoo has an estimated shale gas reserve of 390 trillion cubic feet—the eighth largest shale gas reserve in the world.23   At the same time, the government created a task force to explore fracking's implications.24  In September 2012 the government lifted the moratorium, but refused to allow fracking until regulations are adopted to control fracking operations.

Draft fracking regulations were released in October 2013 in an effort to regulate current industry practices and mitigate any adverse environmental risks from shale gas. Since South Africa relies heavily on imported fuel and coal for power, the government views shale gas as a potential game changer for the sparsely populated Karoo region and, indeed, for all of South Africa because of the estimated $100 billion that it believes could be generated from gas production in Karoo.

But, as elsewhere, opposition to fracking in Karoo is fierce.25  A strong grassroots movement argues that fracking will harm the very delicate Karoo environment, which is home to rare animals and is extremely arid.26  Farmers and villagers are worried about contamination of the region's communal wells and the diversion of scarce seasonal water to fracking operations. Moreover, South African farmers appear to have little financial incentive to allow drilling on their land; South African law grants the landowner only surface rights, with the government retaining all subsurface mineral rights.


Between 2004 and 2010 in Australia, the production of natural gas through fracking coal seams (rather than shale) increased 22 times; by 2012, it accounted for one third of the gas used in eastern Australia and made LNG Australia's fastest growing export commodity.27  Australia is now the third largest exporter of LNG (behind Qatar and Malaysia) and hopes to produce 83 million tons of LNG by 2017. But here too fracking has proven controversial. As in South Africa, landowners own only the surface of their land, while the government owns all subsurface rights.28  Farmers and others may negotiate compensation arrangements with drilling companies (normally about $5,000 from large companies), but they may not prevent drilling, even when it decreases the market value of their property. Many others have also expressed fears about pollution and water scarcity from fracking.

In June 2013 the government responded by amending the Environment Protection and Biodiversity Conservation Act of 1999 to require federal environmental assessments and approval for coal seam gas developments that could have significant impacts on wetlands or on water quantity, quality or pressure on subsurface water tables.29

With these amendments in place, it seems clear that, notwithstanding public opposition, Australia intends to pursue natural gas and LNG production, whether through fracking or otherwise, because of its significant contribution to the Australian economy (expected to reach some $180 billion over the next five years). UNESCO, for example, has stated that natural gas development should not take place on Curtis Island, a World Heritage site in the state of Queensland, and the largest island connected to the great barrier reef.30  There are currently three LNG plants under construction on the island, and a fourth is likely to be approved.31  Meanwhile, Amour Energy has been granted an exploration lease in the Northern Territory across the border into Queensland to explore 133,000 square kilometers of land,32 while Goshawk Energy has secured exploration rights in the Kimberly region of Western Australia and has begun land right negotiations with indigenous groups there.33


Argentina is at the forefront of the fracking movement in Latin America. It is estimated to have the third largest shale gas reserves in the world (behind the United States and China) with 774 trillion cubic feet of recoverable shale gas.34  In March 2012 the government expropriated 51 percent of YPF, Argentina's energy company, and declared " hydrocarbon self-sufficiency" as a national goal. In July 2013 YPF contracted with Chevron to invest $1.24 billion in developing fracking in Argentina, with the goal of drilling 1,500 gas wells by 2017. If developed as planned, these wells could provide a huge boost to the Argentinean economy, which currently imports $10 billion of oil and gas annually.

As in other countries, however, there has been growing opposition to fracking. Argentina's largest natural gas reserve is under the Andes mountains, and environmental groups worry about the damage that fracking might cause to that region because of the substantial forest clearing required for well pads and ancillary operations. Indigenous groups have protested as well, staging a 24-hour demonstration after Chevron announced its plans in July. Other indigenous groups have called for the Argentinean government to honor its promise under the International Labor Organization's Convention 169, which grants indigenous groups the right to consult before large projects are undertaken in indigenous territories.

As in other countries, sub-surface mineral rights in Argentina are owned by the state, leaving little opportunity for landowners to realize financial benefits from fracking on their land. However, Argentine provinces have substantial autonomy to develop their own laws regarding fracking, and some have declared themselves "free of fracking." Whether such declarations will prove enforceable in the face of a determined central government policy favoring fracking is not yet clear.35


As even this brief review indicates, fracking promises a wide range of countries both economic and strategic benefits, and possibly significant GHG reductions for the world. However, to achieve these economic, strategic and global benefits, fracking proponents will have to deal more successfully than they have so far with the array of regional environmental concerns—some real and some theoretical—raised by fracking opponents.

Many of these concerns echo those of U.S. environmentalists about the fracking process itself. These will best be addressed by clear demonstrations in the United States that (1) fracking fluids do not in fact contaminate watersheds or well fields; (2) water consumption can be minimized through recycling or other procedures; (3) double-walled drill shafts, pipelines and other controls effectively minimize methane releases; (4) waste fluids can be adequately treated on-site before being recycled, discharged to water treatment plants or re-injected; (5) drilling companies can be required to disclose the contents of fracking fluids and regularly test potentially affected aquifers and well fields; and (6) fracking is prohibited entirely in urban watersheds.

Beyond these generic issues, individual countries will need to address the specific concerns raised by fracking opponents, including the seismic issues raised in the U.K., the EU's invocation of the "precautionary principle," China's shale composition and its looming water scarcity and South Africa's, Australia's and Argentina's protected natural resources, indigenous communities and similar water concerns. Only when fracking policies include, in addition to the reforms noted above, meaningful consultation and environmental reviews with affected communities (and predictable compensation for surface landowners) will the potential benefits of fracking be realized.

Reprinted with permission from the January 2, 2014 edition of the New York Law Journal  © 2014 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact 877-257-3382, or visit


1 Edward Alden, Policy Initiative Spotlight: Does Fracking Increase U.S. Competitiveness?, Council on Foreign Relations (June 1, 2012); U.S. Energy Information Administration, Analysis & Projections, Technically Recoverable Shale Oil and Shale Gas Resources: An Assessment of the 137 Shale Formations in 41 Countries Outside the United States (June 10, 2013) (EIA Report).

2 Regulatory provisions governing key aspects of unconventional gas extraction in selected Member States, FINAL REPORT, Milieu Ltd., submitted to European Commission Directorate General Environment, 8, (July 1, 2013) (EC Report). Additionally, the EIA directives relating to exploration and extraction is applied differently in member states—only Bulgaria, Denmark and Lithuania specifically apply the EIA directive to unconventional gas activities. In all other countries, it is unclear whether the directive will apply to those activities or not. Id. at 9.

3 "Europe Votes to Tighten Rules on Drilling Method," James Kanter, New York Times, Oct. 9, 2013.

4 EC REPORT, 23 (July 1, 2013).

5 "Germany Agrees on Regulation to Allow Fracking for Shale Gas," Bloomberg, Feb. 26, 2013.

6 "No Fracking in Germany for Now Backed in Merkel Coalition," Bloomberg, Nov. 8, 2013; "New German Govt would put moratorium on fracking—party officials," Reuters, Nov. 8, 2013.

7 EC REPORT, 10, (July 1, 2013).

8 "Fracking Opponents Find Lawyers Beat Superglue in Slowing Shale," Bloomberg, Oct. 17, 2013.

9 George Osborne unveils 'most generous tax breaks in the world' for fracking, The Guardian, July 18, 2013.

10 "Fracking Opponents Find Lawyers Beat Superglue in Slowing Shale," Bloomberg, Oct. 17, 2013.

11 In 2011, the EIA estimated Poland had 187 trillion cubic feet of exploitable shale gas beneath the surface, but the Polish Geological Institute has since revised that number, now estimating there is 85 percent less gas than the EIA asserted. Either way, Poland has enough shale gas to meet its energy demands for 35-65 years. Shale Development in Poland, Vinson & Elkins; "Fracking Heaven," The Economist, June. 23, 2011; EC REPORT, 27 (July 1, 2013).

12 "Fracking Heaven," The Economist, June. 23, 2011.

13 Poland to get gas from 'fracking' in Europe, Aug. 29, 2013; EC REPORT, 27 (July 1, 2013).

14 "'This Is Nuts': Poland Announces 'Radical Acceleration' of Gas Fracking at UN Climate Summit," Common Dreams, Nov. 20, 2013

15 EIA Report (June 10, 2013).

16 "China Firms to Invest $2 Billion Exploring Shale Gas Reserves," BBC News, Jan. 22, 2013. Between 2008 and 2035, China's demand for electricity is expected to triple. World Energy Outlook 2010, International Energy Agency, 217, 2010.

17 "China's Energy Rebalancing: A New Gazpolitik?" The Diplomat, Nov. 18, 2013.

18 "China's Shale Gas Dream," The Diplomat, Jan. 25, 2013. The goal is to produce 6.5 billion cubic meters of shale gas each year by 2015, and 60-100 billion cubic meters by 2020. Id.

19 "China's Shale Gas Dream," The Diplomat, Jan. 25, 2013.

20 "China Firms to Invest $2 Billion Exploring Shale Gas Reserves," BBC News, Jan. 22, 2013; "China's Shale Gas Dream," The Diplomat, Jan. 25, 2013.

21 "The "Fracking" Revolution Comes to China," The Diplomat, March 24, 2013.

22 "S. Africa Imposes "fracking" moratorium in Karoo," Reuters, April 21, 2011.

23 EIA Report (June 10, 2013).; see also Karoo Shale Gas Report, Econometrix (Pty) Ltd, January 2012.

24 S. Africa Imposes "fracking" moratorium in Karoo.

25 Over 200 people marched 3km to the Shell offices in Cape Town on Oct. 18, "Marchers protest against fracking," ioL news, Oct. 19, 2013, Friends of the Earth sent a letter to South African President Jacob Zuma demanding an end to fracking, South Africa Accused of ignoring shale gas fracking dangers, Platts McGraw Hill Financial, Oct. 21, 2013.

26 Insight: Water, wealth and whites—South Africa's potent anti-fracking mix, Reuters, Oct. 28, 2013.

27 "Can Australia become the world's leading LNG exporter?" ABC News, Oct. 14, 2013.

28 "Fracking in Australia, Gas Goes Boom," The Economist,

29 Greater Protection for Water Resources, Press Release, Australian Government, March 12, 2013. A "significant impact" on water includes instances such as a change in the quality or quantity of water, an alteration in the ecological composition of wetland or alteration in ground water pressure or water table levels. See Water Resources—2013 EPBC Act Amendment—Water Trigger, Australian Government Dept. of the Environment (available here: ).

30 UNESCO Decision 35COM 7B.10, World Heritage Committee; "The Impact of Fracking, Great Barrier Grief," The Economist, June 2, 2012.

31 Enviro Minister Hunt urged to reject fourth gas processing plant on Curtis Island, Fight for the Reef, Oct. 22, 2013.

32 "Energy Company Talks up Northern Gas Prospects," ABC News, Nov. 6, 2013.

33 "Tourism Mecca's Water Supply on Fracking Alert," The Age, Oct. 20, 2013. Meanwhile, the New South Wales government just introduced legislation setting aside land on which it will require vigorous investigations before fracking may begin, and draws a 2km boundary between residential space and fracking activity. "Australians 'Lock the Gate' to Fracking," Christian Science Monitor, Oct. 16, 2013.

34 Shale Development in Argentina, Vinson & Elkins.

35 "Fracking Controversy Arrives in Argentina," Buenos Aires Herald, July 21, 2013.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Mayer Brown
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Mayer Brown
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions