Dispute resolution support
Bates White has built a reputation for explaining complex economic and financial theory in an accessible, understandable (nontechnical), and convincing manner to attorneys, judges, juries, arbitrators, and policy makers. Our experts have helped resolve disputes by providing expert testimony on the appropriate economic interpretations of contractual rights, economic principles, and industry practices.
- As a result of the Economic Emergency Act of 2002 in Argentina that froze regulated prices and caused utilities to default on their debt obligations, our experts developed financial models for claimants’ counsel demonstrating that the default of an electric utility was the result of the changes introduced unilaterally by the Government of Argentina in the concession contracts. After filing at the London Court of International Arbitration, the cases were settled favorably for the claimants.
- A foreign-owned utility in Bolivia hired a law firm and one of our experts to assess its chances at the International Centre for Settlement of Investment Disputes as a result of a series of actions by the regulator. Based on the results of this analysis, including the assessment of damages, the utility negotiated a tariff increase with the government that allowed the utility to improve its financial situation and receive compensation for past losses.
- As a result of government actions that crippled the value of a utility in Argentina, our experts supported the renegotiation of a concession contract and helped investors prepare for international arbitration after the government terminated the contract.