Bates White is recognized for our ability to create expert analyses that play a critical role in litigation. We offer a portfolio of litigation support services to assist in the development of case strategy, conduct research of documentary evidence, identify and analyze relevant economic evidence, and present results in an effective and persuasive manner.
- On behalf of an investor involved in an expropriation case predating the Economic Emergency Act in Argentina, our experts provided a report and testimony to the International Centre for Settlement of Investment Disputes (ICSID) on: estimated damages against a utility as well as the unjust enrichment on the part of the government; compensation due to the investors in the utility; and important economic principles to apply under the Bilateral Investment Treaty claim at ICSID.
- 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.
- In an ad hoc tribunal, our experts supported a private arbitration of a political risk insurance policy between investment banks and insurance companies on behalf of the investment banks (claimants). The claimants requested payment as a result of government actions in Argentina that caused the default of a highway operator on its debt obligations. After our experts prepared testimony, the ad hoc tribunal decided to award the claimant 100 percent of the payment determined in the policy.
- Served as a consulting expert in an international arbitration concerning significant schedule delays and cost overruns in construction of a new nuclear power plant in the EU. Analysis focused on the motive the reactor vendor might have had to enter into a fixed-price, turnkey contract as a means to secure first-mover advantage, learning-curve effects, and market share.
- Served as an expert witness in an international arbitration involving the sale of a nuclear power plant in Canada. Submitted expert reports and oral testimony that addressed the condition of certain key nuclear components and systems at the time of sale; the adequacy of disclosure of those conditions; and the potential impact on plant operation, projected life, and value.