海湾战争，快速正义——液化天然气纠纷中的快速仲裁案例

The Case for Expedited Arbitration in LNG Disputes Asia Pacific – April 2026 As the war in the gulf enters its fifth week, the Strait of Hormuz remains effectively blocked.This data shows that daily traffic through one of the world’s most important shipping lanes isdown 95% since the beginning of the war.1In parallel, Iran’s missile and drone strikes on theRas Laffan facility, reportedly impacting two liquified natural gas (LNG) trains, have prompted achain reaction offorce majeuredeclarations from the gulf into wider energy markets.2 Tremors of the macroeconomic impact of this disruption arealready being felt around the world, with some fearing anoil price-induced global inflation shock. Meanwhile, marketparticipants are facing immediate legal, commercial andoperational risks, which in some cases may evolve intodisputes. In the context of the LNG industry, those disputesmay concern disagreements on contract interpretationand claims advanced under contractual provisions forforce majeure, annual programming, restoration, make-upentitlement, failures to deliver, hardship and price reviews. Why Expedited Arbitration May Be Suitedto Certain LNG Disputes LNG agreements – be it Sales and Purchase Agreements(SPAs), Master Sales and Purchase Agreements (MSAs) orconfirmation notices – typically contain detailed operationalprovisions spanning the lifecycle of LNG delivery, fromannual programming to make up rights. Disputes arisingout of those provisions tend to be discrete: they turn onspecific contractual language applied to a defined set of facts.Expedited arbitration offers several advantages in this context. This article, which supplements several other recent insightsfrom our global team on issues arising from the gulf conflict,3explores the use of expedited arbitration as a means ofresolving such disputes in an efficient and expeditious manner. 1.Speed and certainty– Expedited procedures can yieldan award within six months of commencement (or evensooner). Where a seller has suspended LNG deliveries,and a buyer faces downstream shortfall claims (todomestic customers or through on-sale arrangements),the ability to obtain a binding determination within thattimeframe can be commercially decisive. Disputes arising out of LNG agreements affected by theongoing war in the gulf region are likely to be time sensitive.Whether the issue in question turns on the validity of aforcemajeurenotice, the allocation of cargoes between competingbuyers, allegations of contractual arbitrage, the scope andtiming of restoration obligations or make-up rights, these aredisputes where days and weeks can matter commercially. 2.The relationship dimension– Many LNG supplyrelationships are long-term, often spanning decades.By resolving discrete disputes quickly, companies mayreduce the risk of entrenched positions calcifying intobroader commercial breakdowns. For instance, a buyer that cannot obtain a swift ruling onwhether a seller’sforce majeuredeclaration is valid may facecompounding downstream liabilities across a chain of on salearrangements. Equally, a seller that cannot promptly secure adetermination of its entitlements may be exposed to claims. 3.Cost proportionality– Shorter arbitrations with lessprocedure will likely result in lower arbitrator fees,administrative fees and legal and expert costs. The conventional arbitration timetable, often measured inyears, is arguably ill-suited to resolving these time sensitivedisputes. Expedited arbitration, which involves condensedpleadings, limited (or no) document production and shorterhearing windows, may offer a possible solution. Comparison of Expedited Procedures Each of the major arbitral institutions offers its own setof expedited procedures, albeit with different claim valuethresholds, timelines and structural features. We considerthree examples of those procedures below. Given the requirement for contractual cooperation betweencompanies in administering LNG deals on a daily/weeklybasis, parties may see real value in agreeing to expeditedisputes to allow focus to return to day-to-day operationswithout a contentious cloud looming over that relationship foran extended period. It should be noted at the outset that disputes arising outof LNG agreements impacted by the ongoing conflict areunlikely to fall within these automatic claim value thresholds. However, just as parties are free to agree the seat, thegoverning law and the institutional rules that govern theirdisputes, they are equally free to agree – whether at thecontract stage or once a dispute has crystallised – to adoptan expedited procedure that is tailored to the specificcharacteristics of their dispute. The question for parties inthe current environment is therefore not simply whether anexpedited procedure applies automatically, but whether onecan and should be agreed. Hong Kong International Arbitration Centre(HKIAC) •The HKIAC Expedited Procedure is governed by Article 42of the 2024 HKIAC Administered Arbit