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Arbitration

In arbitration, technical evidence is presented through written reports, replies and hearings, and the tribunal compares competing methodologies side by side. The clarity of the reasoning carries as much weight as the final figure.

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In Summary
Technical analysis, quantification and expert assistance in arbitral proceedings involving economic, financial and accounting issues.

Context in which the service applies

Arbitral proceedings typically involve complex contracts, deadlines set by a fixed procedural calendar, and legal teams that need fast, reliable technical answers. SGEx works on preparing and critiquing expert reports, supporting the framing of questions, and explaining methodologies in terms the tribunal can readily follow.

When this analysis is needed

  • Damages claims arising from construction, energy, supply or M&A contracts.
  • Post-closing disputes over price adjustments and representations and warranties.
  • Disputes over the economic and financial rebalancing of long-term contracts.
  • Expert determinations ordered by the arbitral tribunal.
  • Preparation for hearings involving the examination of expert reports.

Questions typically analyzed

  • The damages methodology applied and its consistency with the contract.
  • Assumptions, data sources and scenarios adopted in each party's report.
  • Price-adjustment mechanisms and working-capital accounts.
  • Costs, delays and financial impacts affecting a project.
  • Rates, indices and indexation criteria applied to the amounts claimed.
  • Points of convergence and divergence between competing expert reports.

How SGEx Approaches This

SGEx works to the procedural calendar: it organizes the documentation produced in the case, prepares reports with fully disclosed assumptions, reviews the opposing party's reports, and supports the legal team in preparing technical questions for hearings.

Steps in the SGEx methodology

Possible Work and Deliverables

The format is defined according to the case, the proceeding and the purpose of the work.

  • Quantum expert report
  • Reply report
  • Critical review of opposing experts' reports
  • Comparative methodology table
  • Technical support at hearing
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Other SGEx Solutions

Services, specialties, contexts and industries connected to this topic under SGEx's relationship matrix.

Next Step

Request an Analysis

Describe the technical question, the context in which it arose, and the documents available. This information lets SGEx assess the scope of the work before any proposal.