CLAIMS & DISPUTE RESOLUTION (CDR)
At CONEXIG we support clients to fully understand their contractual technical rights and obligations and in dealing with these, the most efficient and effective way. We examine and identify in detail the cause-effect relationship around potential areas of disagreement and isolate them presenting the logics behind potential claims as well as the fact that support them.
Through these analyses we assist clients understanding entitlement and causation and in the quantification of the effects of identified causes. Our multidisciplinary and experienced teams provide invaluable help to clients in presenting, negotiating and resolving their disputed claims in all types of dispute resolution mechanisms including mediation, arbitration, litigation (locally and internationally) and dispute boards before the court. We have had experience related to the international arbitration rules of the International Chamber of Commerce (ICC), AAA, ICDR, CAM Santiago, AMCHAM-SP, CCL Arbitration Center – Lima Chamber of Commerce, Chamber Arbitration and Conciliation Center of Commerce of Bogotá (CCB), CAM-CCBC, CIADI, among others.
We are recognized experts in the quantification of damages related to EOT/delays, cost (Quantum), economic damages, professional care, fraud and others.
specifics and approaches in CDR
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Engineering & Forensic Accounting
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INTERNATIONAL ARBITRATION CAPABILITY PROFILE
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A selection of case studies showcases the experience of the leaders associated with CONEXIG. Many more cases related to this Service Line may be presented upon express request and in some cases, under an NDA.
Client: Pulp, paper and packaging supplier
Providing Expert Witness services in an ICC (International Chamber of Commerce) arbitration proceeding including: contractual diagnostic and review, claims and counterclaims assessment, issuance of technical Expert Reports, issuance of rebuttal technical Expert Reports, independent support to the party during the proceedings, presentation to the court, oral testimony and cross examination.
The services provided the client and the tribunal with an independent opinion based on the analysis of facts and diagnostic of an EPC contract and related disputed matters including topics such as: Admissibility of Change Orders; direct impacts on costs; loss of productivity; responsibility for delays; indirect cost impacts; application and quantification of sanctions.
Client: Onwer in the mining industry
Expert Witness services in international arbitration proceedings, including the following: contractual diagnostic, merit assessment and quantification of claims and counterclaims, issuance of technical Expert Report, issuance of technical rebuttal Expert Report, oral testimony at hearings and cross examination.
Client: Owner in the energy industry
Felipe was a party appointed Quantum Expert on many arbitration disputes to settle differences related to EOT impacts and cost overrun related to the construction of a 210mba Brazilian refinery. Amounts disputed were, in average per proceeding, over BRL 250 million. One example includes the Quantum expert appointment by the owner against a Brazilian contractor on the coke plant contract. Matters disputed were presented in an expert report and in an arbitral tribunal. Cross examinations took place from the other party’s counsel and the tribunal itself. The Experts had the opportunity to debate their technical viewpoints through a hot tubbing section. Testimony was made in Sao Paulo (Brazil), in Portuguese, under the CAM-CCBC rules. Under the same refinery project, Felipe was a party appointed Quantum expert on many other disputes resolved under the same venue, law, seat and language.