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ARBITRATION AND LITIGATION SUPPORT

We provide robust economic analysis, expert reports and strategic advice for disputes involving valuation, damages, market issues, regulatory questions and competition-related matters.

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Economic damages and quantum estimation

We have extensive experience of providing expert testimony in arbitration and litigation matters involving quantum estimation and the calculation of economic damages. This has involved the application of financial and econometric modelling.

Examples of selected matters include:

  • Lost profits

    Expert for respondent in successful challenge to a claim for damages in relation to alleged lost profits. Tribunal rejected the claim outright and awarded no damages.

  • Econometric modelling

    Expert for the defendants in successful challenge to alleged criminal price fixing. The case involved extensive econometric modelling of pricing to assess the extent of any alleged overcharge

  • Price reviews

    Advised a global energy company on various issues associated with an arbitration relating to gas pricing and contractual arrangements.

  • Event studies

    Expert in a matter before a senior court which involved the use of an event study to examine the impact of an information disclosure on securities prices.

Selected examples of expert testimony

We are frequently engaged as an expert to provide an authoritative opinion on regulatory regimes and to assess the reasonableness of changes to regulatory frameworks as part of arbitrations and legal proceedings.

Examples of recent matters include:

  • ICC Arbitration

    Expert for the respondent in claims about reasonableness of changes to regulatory regime in the energy sector.

  • ICSID Arbitration

    Expert for respondent in successful challenge to a claim for damages more than $1 billion (USD) in relation to competition and regulatory matters in the energy industry.

  • ICC Arbitration

    Expert for the respondent in ongoing claim in relation to competition and regulatory matters relating to the electricity sector

  • General Court of the European Union

    Expert for the appellant in the successful challenge to the first case of the Commission’s new ‘economic approach’ to EU competition law enforcement. Involved penalties of €1 billion and overturned on appeal to the European Court of Justice.

  • Supreme Court UK and General Court of the European Union

    Expert for the appellant in a challenge to a government proposal. EU Advocate General’s opinion supports the economic arguments put forward in the economic opinion.

  • High Court

    Expert opinion about the reasonableness of a regulator’s application of a price control framework.

  • Crown Criminal Court

    Expert for the respondent in successful defence of the Regulator’s decision and methodologies for quantifying and setting tariff in telecommunications.

  • Crown Criminal Court

    Expert for the defendants in successful challenge to a decision of the competition authority in the first trial for criminalization for price fixing.