The dawn of LNG price reviews in Asia Pacific
LNG is often sold under long-term contracts with strong volume commitments from both sides, and a cost linked to the oil price. In volatile commodity markets, parties are under pressure to try to review the price under the agreement, either on the basis of price review clauses, hardship clauses, or by relying on general legal principles. This leads to great commercial and legal challenges for both buyers and sellers. The experience in Europe with gas price reviews can be a source of knowledge for companies on how to deal with price reviews. Long-term gas contracts in Europe also used to be linked to oil prices. This led to a great number of price reviews when oil prices started to soar as of 2005. After that, a new wave of price reviews arose when gas prices decoupled from oil prices in 2009. European gas companies are still dealing with the resolution of those reviews. On the basis of a number of case studies, this extended abstract sets out the key points that have been learned from a decade of price reviews in Europe with a focuses on practical advice for commercial and legal decision makers. It discusses how negotiations on price reviews are best approached; whether parties should voluntarily disclose confidential information about prices (also in view of competition law), and how arbitrators deal with a gas price review.