His Honour reiterated that for it to be an arbitration agreement (within the meaning of section 7(1) of the Commercial Arbitration Act 2010 (NSW), the agreement must contain binding provisions for binding arbitration. In that agreement, the parties had expressly agreed to a dispute settlement procedure, including mediation. However, on the basis of the wording of the clause at issue, neither party could reasonably have considered that it undertook to proceed with compulsory arbitration proceedings. The case was brought under two reference service agreements between AGL Energy Limited (AGL) and Jemena Gas Networks (NSW) Ltd (Jemena) (the agreements). The successive – and almost identical – agreements were imposed under an access agreement approved by the Australian energy regulator under the National Gas (New South Wales) Act 2008 (NSW). The agreements required Yemena to provide AGL with details of gas meter readings in order to allow AGL to bill its final customers. AA`s services include seven referral services, one non-referral service and one negotiated service. They are worded as follows: The AA contains a number of services and prices as well as the conditions of sale associated with these services. All this forms the basis of all transport agreements concluded by Evoenergy with users (usually retailers).

A printed copy of the reference service contract is available upon request. It is a service that offers the creation of a single point of deployment of the network to an integrated network. An integrated network is a distribution system or pipeline that is not owned by Evoenergy and is operated by Evoenergy and supplies gas to third parties. (Note that internal networks in shopping malls, residences, etc., are not “embedded networks” for the purposes of this service.) On 28 June 2019, AER received from Jemena Gas Networks (NSW) Ltd (JGN) a proposal for an access agreement for its NSW gas distribution network for the period from 1 July 2020 to 30 June 2025 (period 2020-25). The National Gas Act and National Gas Rules provide the regulatory framework for gas networks. As with other covered pipelines, we regulate JGN`s reference rates for its network – and therefore its revenues – under an authorized access agreement for its network. 30.1 Application (a) The parties acknowledge and agree that this clause 30 does not limit or shall in no way exclude the dispute settlement provisions of the National Gas Act. .