Focus: Diversion rights in LNG sale and purchase agreements

Development of diversion rights

The first LNG SPAs were drafted several decades ago, paving the way for LNG to be shipped from one situation to another and for global trade to emerge. The more traditional form of LNG SPA provides for the conveyance of a specified volume of LNG from a specific production facility to a proper to regasification facility in another location. As negotiators have continued to demand ways to 'add value' to their LNG SPAs, the contracts have evolved to incorporate contractual rights for the client to divert cargoes to alternative destinations. The level of play flexibility available to buyers will differ from SPA to SPA.

Commercial drivers for play rights

A threshold issue is understanding why parties undertake to include or limit diversion rights in LNG SPAs.

At its simplest, a client might want the right to divert a cargo to another location because it may not be skilled to take that cargo at the contract destination (eg due to technical issues or volume constraints) or because it may gain a financial advantage by sending that consignment to a different destination.

During the global financial crisis, falling order in the electricity sector led to lower than expected demand for LNG. The bendability to divert additional cargoes to alternative destinations in those circumstances enabled

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