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Full Description
Volatility in the commodity markets - together with events such as the financial crisis, liberalisation of the gas markets in Europe, the development of gas hubs and the continuing influx of liquefied natural gas (LNG) into Europe - has put increasing pressure on pricing in many long-term gas sales agreements into continental Europe. This has led to a huge rise in the number of gas price review disputes, many of which require determination before an international arbitral tribunal.This practical handbook covers the various aspects of international gas pricing disputes. It contains contributions from leading international arbitration practitioners and arbitrators in the field, in-house counsel and industry experts. It covers the various stages of a gas pricing dispute, from drafting the clause to triggering a review, all the way through the various stages of the arbitral process. It also contains insights into how pricing in Europe may develop in the future and the effect that this may have on dispute resolution.Despite the large number of high-value disputes in this area, this is one of the very few publications to draw together the various strands of gas pricing disputes into one book. It is therefore an invaluable guide for practitioners, in-house counsel and anyone else with an interest in this area.
Contents
Preface 5Professor Jonathan SternOxford Institute for Energy StudiesDrafting an effective price review clause 9Mark LevyAllen & Overy LLPProcedural issues arising in price review arbitrations 21Michael YoungAllen & Overy LLPThe trigger phase 33Marnix LeijtenMartje de Vries LentschDe Brauw Blackstone Westbroek NVConfidentiality in gas price reviews 47Philippe PinsolleQuinn Emanuel Urquhart & Sullivan LLPChanges of circumstances as a price modifier 63Michael PolkinghorneWhite & Case LLPThe arbitrator's role 91George von MehrenSquire SandersThe client's perspective 103Tristram Kennedy HarperSirius Well Manufacturing Services (a Royal Dutch Shell joint venture)Role of the expert in price review arbitrations 117Colm GibsonEnergy and utilities expertDr Boaz MoselleFTI ConsultingThe adjustment phase 129David Mildon QCEssex Court ChambersThe future for price reviews 141Paul GriffinFrances van EupenAllen & OveryAppendices 157About the authors 179Index 185
