A powerful partner for resolving conflicts
Unforeseen changes to legal and economic conditions can challenge the viability of investment projects. Particularly for renewable energies, resulting in generating plants becoming uneconomic. Delays in the construction of facilities provide grounds for claims against suppliers. Legal interventions that shorten approved operation, like in the nuclear energy sector, result in economic loss. These conflicts are fought out in (national and international) arbitration proceedings as well as through legal action in courts.. Acting as technical and commercial appraisers, FMC provides support for bothplaintiffs and defendants.
- Determination of damage and damage limitation
If investments are no longer economic, we assist in an evaluation and in “damage control”. 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 commensurability
For contractual and regulatory disputes, we can describe whether and how far a product or a plant has met the specifications or would have met these in a defined scenario.
- Costs, cost bandwidths and reasonableness of costs
Thanks to our extensive project experience, we have benchmarks available that can help determine whether 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 accustomed to collaborating with lawyers. In opinion reports, expert appraisals and responses, we carry conviction with targeted and clearly formulated descriptions as well as with robust evidence.
- Hearings and participation in other procedures
In Germany and in other countries, our experts make personal court appearances and are subject to cross-examination. We assist our clients with the usually required expert reports, prepared jointly with the opposing party, as well as with out-of-court settlements.
References for typical projects
- Solar systems promotion arbitration
Solar systems promotion arbitrationOur client, as owner of a solar power plant, filed suit against the Spanish Government alleging that changes in government subsidy rules led to unfair disadvantages for his enterprise. FMC provides support by preparing an expert technical and economic opinion paper. This includes investigations into the construction costs of solar power plants and of a legally defined reference power plant. Further, a comparison is made of the Spanish market model for remunerating solar plants with those of other countries. Research into details of the legislative procedure was conducted locally by expert staff from our Spanish subsidiary. The conclusions of the expert opinion are drawn on by our client in the arbitration proceedings.
- Photovoltaic plant arbitration
Photovoltaic plant arbitrationThe project aim was to prepare an independent expert opinion for arbitration proceedings between manufacturers of monocrystalline wafers and solar modules, resulting from the purchaser’s claim for the amount of silicon used and price adjustments under a long-term supply contract. The services FMC provided were the assessment of the contractual stipulations from a technical-commercial perspective, the performing of a comparison with stipulations usual in the market and finally FMC commented on the loss and profit argumentation, including price development of wafers.
- Arbitration regarding a power plant project
Arbitration regarding a power plant projectAs 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.