Price review mechanisms in a global market
The east Australian gas market (including SA) has, throughout its history, been isolated with limited connectivity from the gas fields that supply its major centres. With the arrival of CSG, imminent LNG exports and recent increased connectivity between gas fields and customers, the east Australian gas market has undergone substantial change. Against this background, it is timely to reconsider the approach to price review mechanisms contained in long-term gas supply agreements—particularly what market will be considered in any review process and what evidence will be available to the parties to a price review (in a cost-effective way) to allow consideration of movements in that market for the purposes of re-setting the price to be paid by a customer. In this extended abstract, the author discuss the effects of CSG developments and increased connectivity on the eastern gas market along with the effect LNG can have, particularly by reference to its impact on the WA gas market. A critical analysis of various price review mechanisms is undertaken with a view to identifying appropriate price review processes and criteria for the future along with reviewing the fundamentals of a price review process—specifically, the need for any price review and associated arbitration to give rise to a justiciable dispute such that the process attracts the operation of the relevant Commercial Arbitration Act and overriding Court supervision for the purposes of any necessary subpoenas or reviews of decisions.