Background

The Claimant was engaged as part of a rebuild of a chemical plant seriously damaged by fire. The Claimant performed a substantial amount of work but then the rebuild was cancelled as the owner abandoned the rebuild project and shut the plant down permanently. The Claimant’s last invoices were not paid by the owner and the Claimant initiated arbitration proceedings against the owner. The owner counterclaimed for lost profits and wasted costs as a consequence of the partial rebuild.

Our Role

Secretariat professionals were engaged by the Claimant to provide expert testimony in the ICC Arbitration in Scandinavia on its claim for non-payment of invoices and in respect of the counterclaim for lost profits and wasted costs.

Outcome

We analyzed the Claimant’s invoices which contained a very large volume of elements running into tens of thousands of rows of data. We performed data analysis to identify a suitable sample to review which provided sufficient coverage of the monetary amount and specifically critically analyzed the Respondent’s reasons for non-payment. The counterclaim involved a detailed assessment of costs and project appraisals including determination of what was known or knowable at various critical stages of the project.