Arbitration Proceedings
Changes in the legal and commercial environment, that often arise subsequently, call into question the viability of investment projects. Particularly in the renewable energies sector, this results in generation plants becoming uneconomic. Delays in the construction of facilities provide grounds for claims against suppliers. Legal interventions that shorten the approved operation will result in economic loss. Acting as a technical and commercial appraiser, FMC provides support on the plaintiff’s and defendant’s side.
⇨ Do you need an expert opinion on a controversial technoeconomic energy issue?
⇨ Does the damage incurred in a delayed or canceled project need to be quantified? ...
Determination of damage and damage limitation
If investments are no longer cost-effective, we assist in evaluating them and in “damage limitation”. Frequently this concerns marketing under “as-if conditions”. For example, use is made of quantitative approaches, like simulation of power plant operations.
Technical conformity and adequacy
For contractual and regulatory disputes, we can describe whether and to what extent a product or a plant has met the specifications or would have met these in a given scenario.
Costs, cost bandwidths and reasonableness of costs
Thanks to our project experience, we have benchmarks that we can use to determine whether the costs or revenues fall within an anticipated range and the extent to which any deviations have technical causes.
Opinion reports and expert appraisals
We are thoroughly familiar with arbitration procedures and practices and are accustomed to collaborating with lawyers. In opinion reports, expert appraisals and responses, we persuasively present the information in a targeted and comprehensible manner while providing robust evidence.
Hearings and participation in other procedures
In Germany and in other countries, our experts make personal court appearances to give evidence and answer questions. We assist our clients with the usual expert reports that are prepared jointly with the opposing party as well as with out-of-court settlements.
References for typical projects
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Arbitration regarding a power plant project Arbitration regarding a power plant project
As part of a civil litigation relating to a the construction of a new power plant, the services Fichtner provides are to evaluate what, if any, economic damage resulted from delays in commissioning the plant and to appraise various methods of determining alleged damages that are cited by the opposing party at different times. As a result, FMC provides an independent estimate of the damages along with Expert assessments for use in settlement negotiations and court proceedings.
- Technical expert in arbitration on an IT infrastructure project
Technical expert in arbitration on an IT infrastructure project
FMC was commissioned as technical expert in arbitration on an IT infrastructure project. In this context FMC prepared expert reports and defended them at hearings.
Client
Confidential - Support in legal dispute in connection with a new power plant construction project
Support in legal dispute in connection with a new power plant construction project
FMC prepared an independent expert report in a legal dispute relating to delayed commissioning in connection with a new power plant construction project.
Client
Confidential - Quantification of the services provided for a power plant project
Quantification of the services provided for a power plant project
FMC was commissioned with the technical and quantitative assessment of the services provided by the customer and the plant equipment supplied for a power plant project. In this context, FMC prepared expert opinions.
Client
Confidential - Technical expert for rebuttal of a claim of poor production of a plant component
Technical expert for rebuttal of a claim of poor production of a plant component
Analysis of the claim for damages and the statement of claim (arbitration), development of the line of argument, coordination and overall responsibility for the expert report, organization and execution of the coordination meetings with the client and the mandated lawyers.
Client
Confidential - Appointed arbitrator of a coal-fired power plant in the Philippines
Appointed arbitrator of a coal-fired power plant in the Philippines
Determination of the format and content structure of the decision report, elaboration of the verification schemes for compliance with deadlines and attribution of responsibilities in case of long-term outages/disruptions due to proportionally overlapping reasons, decision-making in two conflict cases.
Client
Confidential
Your contact for Arbitration Proceedings
- Johannes Hönig
- Member of the Executive Board