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Mexican arbitration proceedings

Nicolas Puga was retained as subject matter expert in two international arbitration proceedings subject to the International Court of Arbitration of the International Chamber of Commerce. The disputes involve payment for damages claimed by a utility resulting from alleged contract breaches related to the independent power producer’s reduced availability of the generating facility’s contracted capacity during certain periods of time. One of the proceedings was ultimately settled by the parties. In the other, the arbitral tribunal decided in favor of the independent power producer in all its claims, largely agreeing with Mr. Puga’s interpretation of the Mexican ISO’s market and system dispatch rules and the reasoning presented in Mr. Puga’s testimony. The arbitral tribunal’s decision may have significant precedential value in other similar arbitral dispute proceedings.

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