International Arbitration

Solutions Economics’ experts can help you address every stage of international arbitration, from consulting expertise, to independent analyses and opinions, to filing testimony. By leveraging our extensive economic, financial, litigation, and arbitration experience along with our expertise in competitive and regulated markets, we can help you resolve a wide range of issues.

Our experts possess a detailed understanding of competitive and regulated markets across numerous countries. We have addressed market restructuring issues, regulatory design and reform, due diligence, regulatory support and strategic advisory, and dispute resolution. Using state-of-the-art financial modeling and econometric techniques, we have estimated damages, performed unjust enrichment and compensation calculations, valued contracts and/or businesses, and examined the expropriatory impact of government decisions on investments.

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  • International Arbitration Services

    Over the past two decades, our experts have been involved in many regulated market restructurings and in a number of privatizations, for both the buy and sell sides. We have been hired by governments and regulated companies to consult on regulatory issues post-privatization. By leveraging this vast experience, we can provide you with direct insights into the issues underlying arbitration cases so you can resolve matters efficiently and effectively.

    Solutions Economics’ experts specialize in providing a wide range of international arbitration services, including but not limited to:

    • Support contract renegotiations prior to international arbitration
    • Assess damages prior to filing for arbitration
    • Formulate concession termination strategies
    • Provide expert and consulting support in investment disputes between governments and companies under bilateral investment treaties
    • Provide expert and consulting support in arbitrations between private parties (such as insurance and reinsurance disputes, construction and engineering disputes, oil and gas disputes, etc.)

    Services in International Arbitration are classified in three categories: dispute resolution, damages and compensation calculation, and expert testimony.

    Dispute Resolution

    Our experts have built a reputation for explaining complex economic and financial theory and issues in understandable (nontechnical) and convincing language to attorneys, judges, juries, and arbitral tribunals. Our experts have helped resolve disputes by providing expert testimony, valuation analyses and damages estimates on economic interpretations of contractual rights, economic principles, and industry practices.

    Damages and Compensation Calculation

    We can provide independent and objective estimates of damages arising from breaches of contract, expropriatory acts, regulatory takings and specific government acts by leveraging our extensive knowledge of economic and accounting principles, recognized economic, statistical and finance modeling techniques, and industry experience.

    In addition, our team can estimate the compensation in an arbitration setting using recognized valuation methods such as book value, replacement value, liquidation value, discounted cash flow (DCF), and other methods. Our experts have conducted extensive research on each of these methods for international arbitration cases and have provided solutions to the valuation problems arising from the use of DCF for regulated utilities.

    Expert Testimony

    Our experts are recognized for their ability to create expert analyses that play a critical role in litigation and arbitration. We offer a portfolio of litigation and arbitration support services to assist you with developing case strategy, conducting research of documentary evidence, identifying and analyzing relevant economic evidence, and presenting results in an effective and persuasive manner.

  • International Arbitration Experience

    Our team has a long history of involvement in international arbitration cases, working in Latin America, North America, Europe, and Asia. We have worked with law firms, companies, and governments to support international arbitration in various industries. Our experts have been valuation and damages experts, as well as economic and industry experts. We have provided international arbitration expert witness services in all of the following venues:

    • London Courts of International Arbitration (LCIA)
    • International Centre for Settlement of Investment Disputes (ICSID)
    • American Arbitration Association (AAA)
    • International Centre for Dispute Resolution (ICDR)
    • International Arbitral Centre of the Austrian Federal Economic Chamber
    • Central American Free Trade Agreement (CAFTA) Arbitration

    Selected International Arbitration Experience:

    • Provided expert reports and testimony on behalf of an Italian company in an ICSID arbitration case under the Italy/Argentina BIT related to the expropriation of a water utility concession in Argentina.
    • Provided testimony and expert reports on the valuation of damages of a hydroelectric operator in Turkey in a case before the International Arbitral Centre of the Austrian Federal Economic Chamber.
    • Provided support to a law firm representing a Lithuanian client in an ICSID arbitration concerning the expropriation of a chemical company in Serbia.
    • Provided testimony related to a dispute between American and Spanish companies and the Government of Guatemala over an electricity distribution company. The dispute entailed a CAFTA-DR arbitration by the American firm and an ICSID arbitration by the Spanish firm.
    • Provided an expert report and testimony in an ICDR case regarding non-monetary benefits obtained by a Chilean natural gas marketing company from the settlement of a natural gas supply contract dispute for gas delivery from Argentina.
    • Provided expert reports and testimony on behalf of an American company in an ICSID arbitration case under the USA/Argentina BIT related to the expropriation of a water utility concession in Argentina.

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