Arbitration

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Arbitration

Dispute Services

The arbitration is an alternative, fully professional dispute resolution method that has emerged from the business practice. It has been established not only outside national public court systems but also on an international scale with arbitral awards enforceable in more than 150 countries. Originated from the common law system, arbitration typically follows an adversarial way of proceeding whereby the disputing parties are responsible for proving their cases.

Designed as a time-efficient and flexible procedure, this dispute resolution method is frequently used in international business (particularly in cross-border M&A transactions). For a dispute to be resolved through arbitration, a special clause needs to be agreed by the contracting parties, usually through its incorporation into the underlying business contract.

Each arbitration proceeding is governed by specific rules of arbitration and is typically administered by an arbitral institution (often called a court of arbitration).

The arbitration is a one-instance procedure without the appeal option in the event of unfavourable arbitration award, unless expressly agreed. When recognised according to the applicable laws, an arbitral award has the same force as a judgment of a state court. However, the defeated party can request the relevant state court to confirm the validity of the arbitration.

Number of cases submitted in 2019 per arbitral institution

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Source: https://globalarbitrationnews.com


In arbitration, driven by the adversarial principle, expert reports are subject to enhanced scrutiny requiring deep insights into the merits of the case and full substantiation of the conclusions drawn.

Since the number and complexity of both local and cross-border arbitrations have been constantly growing in recent years, our dispute services encompass a unique combination of financial and industry knowledge with international exposure and experience in withstanding the challenges of cross-examination in the witness box.  

Type of proceedings: Arbitration

Our role: Party-appointed expert

Type of dispute: Non-performing contracts

Industry: Construction & Infrastructure

Our services: Assistance in expert testimony for a Slovenian construction company (Respondent) in a claim administered by the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (LAC) brought by its two Macedonian subcontractors (Claimants) in a power plant construction project. Preparation of an expert report on settlement of mutual financial claims between the parties. The parties finally reached an agreement, to which our analyses contributed.

Type of proceedings: Arbitration

Our role: Party-appointed expert

Type of dispute: Constrained investments (foreign investor v state)

Industry: Consumer

Our services: Review of the quantification of the claim submitted by the Indian investor and preparation of an independent damage computation for the respondent (Republic of Poland) under the regime of United Nations Commission on International Trade Law. The investor – operator of commercial airport areas - alleged that it has suffered a loss in respect of to its investment in a Polish subsidiary (a duty-free and duty-paid operator) as a result of acts by Poland contrary to the provisions of the BIT agreement between India and Poland.

Type of proceedings: Arbitration

Our role: Party-appointed expert

Type of dispute: Non-performing contracts

Industry: Energy, Resources & Industrial

Our services: Preparation of independent reports on quantum and certain aspects of the financial position of the Claimant - oil & gas exploration company from Pakistan in the arbitration under the regime of London Court of International Arbitration (LCIA). The Claimant alleged that it had suffered a loss resulting from the respondent’s (oil & gas investor from Bermuda) failure to follow the procedure set out in a farm-in agreement for the acquisition of oil and/or natural gas rights in Pakistan.

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