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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

Arbitration Clauses in Gas Supply Agreements

  • Article Summary: The article examines the crucial role of arbitration clauses and price review provisions in long-term gas supply agreements. It explores how market volatility, structural shifts, and indexation changes complicate long-term pricing formulas. The analysis details procedural challenges faced by arbitral tribunals when requested to adjust contract price formulas, cautioning that custom tribunal adjustments can yield unexpected commercial outcomes for both energy suppliers and buyers.
  • Kluwer Arbitration Blog

One of the core elements of long-term Gas Supply Agreements are price review provisions (also called price reopener clauses), which allow parties to review the price of the gas during the life of the agreement. The importance of such clauses lies in the long-term nature of the agreements (often up to 30 years) and the changing nature of the markets. The price is usually defined in a formula and often, particularly in older agreements, linked to the oil price. The par-ties might also agree on a specific source for the oil price to which the gas price will be linked, e.g. Platt’s Oilgram Report, a daily report that covers market changes, market fundamentals and factors driving prices.