In a recent decision, the Commercial Court held that an explicit and absolute right (on a first sight) to dismiss the operator in a Joint Operating Agreement (JOA) was not subject to a tacit provision in good faith or that the right was not exercised in a capricious, arbitrary or inappropriate manner: TAQA Bratani Limited and Others v RockRose UKCS8 LLC [2020] EWHC 58 (Comm). If the chain of events does not reveal an explicit agreement, if there is a contract, it must be drawn or implied – from the behavior of the parties by: A real tacit contract bases an obligation between the parties based on the facts. Whether the conduct of the parties or the circumstances implied that they had an agreement or an agreement creating an obligation, the law would conclude that they did indeed have a tacit contract.  However, the Court of First Instance decided, in the alternative, that a contract was implied.