Gas Price Arbitrations in The Light of Expert`s Role- A Conceptual Analysis with a Reference to Iran-Turkey Case

Document Type: Original Article

Authors

1 Master in Oil and Gas Law, University of Tehran, Tehran, Iran

2 Associate Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

Unlike many arbitrations, the arbitration procedure for price reviews in gas industry contracts is not based on allegations that one party has breached a contract or otherwise committed a legal wrong. Instead, arbitrators are asked to determine whether the economics of a contract has been changed in the market, and thus should be adjusted and, if so, to establish a new price formula. Due to the complexity of revision of gas prices, the gas experts have significant role in these arbitrations. Regarding the role of gas experts, gas price arbitrations have specific nature. In this article, the nature of these arbitrations is examined to establish whether they are arbitration or expert determination as one of Alternative Dispute Resolutions (ADR). As Iran has the second proven natural gas resources worldwide and is the third natural gas producer in the world, so, Iran- Turkey case will come under scrutiny in this article.

Keywords