Venture Global has filed a response in New York Supreme Court seeking to confirm its arbitration victory over Shell and to have Shell's subsequent petition thrown out. The core dispute centers on whether Venture Global breached long-term contracts by delaying the commercial operations date (COD) for its Calcasieu Pass LNG terminal, a claim also contested by other customers like BP, which won a separate arbitration case.

Allegations of Withheld Evidence and Arbitration Conduct

Venture Global's filing strongly rebuts Shell's November petition, which alleged Venture Global withheld critical evidence during arbitration. Shell claimed this evidence included third-party written communications showing a sudden change in reported progress toward a mid-2022 COD. Venture Global counters that the third-party witness only testified to discussions, not written communications, and labels Shell's claims as "facially absurd." It accuses Shell of misleading the court through selective quotations and misstatements, asserting that Shell's own witnesses confirmed the terminal was not ready for commercial operations in October 2022.

Contractual Dispute and Arbitration Outcome

The arbitration panel ruled in Venture Global's favor, determining the company was not required to declare a COD before a contractually obligated window began in 2023. Venture Global states this conclusion was straightforward because Shell's witnesses admitted the contractual conditions for COD were not met or were unconcerned with their status.

Claims of a Pressure Campaign and Market Exploitation

Venture Global alleges Shell engaged in a pressure campaign to amend their sales and purchase agreement (SPA) during the 2022 energy crisis. It claims Shell sought to "strong-arm" Venture Global into declaring an earlier COD in fall 2022 to exploit record-high LNG prices triggered by Russia's invasion of Ukraine. Venture Global says it refused Shell's demand at a September 2022 meeting, leading to arbitration. It further alleges Shell was aware that Calcasieu Pass's modular design allowed for preliminary cargo shipments before COD and that Shell declined an offer to purchase those cargoes.

Broader Allegations of Anticompetitive Behavior

The filing accuses Shell of a "scorched-earth, anticompetitive campaign" over the past three years. Specific allegations include planting false media stories, blackballing Venture Global within industry groups, hiring investigators to target its founders, and disparaging the company to U.S. and EU officials. Venture Global also notes Shell did not claim fraud in the arbitration until after the unfavorable ruling. Administrative hearings in the case are scheduled for mid-December.