Battle of the Forms in Energy Contracts: Business Court Holds Dueling Transaction Confirmations Can Both Be Binding

In Marathon Oil v. Mercuria Energy America, the Business Court's 11th Division resolved whether dueling transaction confirmations in a NAESB-based natural gas purchase agreement both became part of the parties' integrated contract. The Court held that both confirmations are binding and combine with the base contract to form a single agreement because they do not materially conflict, rejecting the argument that one confirmation must trump the other.