Litigation Support and Expert Testimony

Services

Litigation Support and Expert Testimony

Fair Links supports companies, legal counsels, domestic tribunals and arbitrators in international litigation and arbitration matters.

Our work includes the economic analysis of liability and damages in commercial, investment and competition disputes.

Fair Links’ experts have been involved in :

  • Expropriations and other treaty disputes
  • Contract disputes
  • Failed transactions and post-acquisition disputes
  • Competition issues
  • Intellectual property disputes

Our experts have the required industry knowledge to identify the issues at stake, in a variety of sectors. They can combine this understanding with their exclusive economic, financial and accounting expertise, in order to provide clear, objective and comprehensive analyses.

Our team understands how to work with lawyers and arbitrators in such contexts. We also know that beyond the quality, accuracy and professionalism of a report, the ability to clearly and concisely convey, through both written and verbal means, the opinions and conclusions referring to complex and technical issues to non-specialists, represents a key success factor in litigation and arbitration matters.

Litigation Support

As advisors, we help clients and their legal counsels in the economic understanding of their case, the definition of their dispute strategies and the identification of errors or deficiencies presented by the opposing parties.

Expert Testimony

As independent expert witnesses, we have testified before State courts, international arbitration tribunals (ICSID, ICC, LCIA, PCA, ad-hoc) and competition authorities.

In this context, we have established a strong reputation as a credible, fair and independent source of evidence in complex quantitative and qualitative matters.

MEDIATION and pre-litigation

We also assist our clients in mediation and pre-litigation to bridge the different economic and financial understandings of parties wishing to reach an amicable settlement of their dispute.

Representative Cases

Oil and Gas

  • International oil and gas companies
    v. South American State (ICSID)
    Expert Testimony – Damages analysis related to the alleged expropriation of an oil field for an amount exceeding US$ 1 billion
  • Major European oil and gas company
    v. North African national oil and gas company (ICC)
    Expert Testimony – Damages analysis related to a breach of a LNG supply contract for an amount exceeding US$ 500 million
  • Major European oil and gas company
    v. Central Asian State
    Counsel to the company in justifying major cost overruns incurred in a dispute exceeding US$ 15 billion
  • North African oil and gas service company
    v. European oil and gas service company (ICC)
    Expert Testimony – Damages analysis related to the sudden termination of a distribution contract
  • Major international oil and gas company
    v. Central African State
    Counsel to the company in defining the defence strategy and addressing the opposing party’s arguments in an expropriation case exceeding US$ 2 billion
  • South American oil and gas companies
    v. South American State (PCA)
    Expert Testimony – Dispute concerning the interpretation of a contractual formula defining the liquidation value of an oil asset for an amount exceeding US$ 800 million

Mining

  • European mining company
    v. West African State
    Mediation – Determination of the compensation due to the company after the suspension of a mining licence, for an amount exceeding US$ 500 million
  • Major North American mining company
    v. East African State
    Counsel to the company in justifying cost overruns incurred

Construction and Infrastructure

  • European real estate promoter
    v. Investment fund (LCIA)
    Expert testimony – Dispute concerning the sale price formula of minority shares after the breach of a joint venture agreement
  • European construction company
    v. North African national electricity company (ICC)
    Expert Testimony – Damages analysis related to the sudden termination of a power line construction contract
  • European port construction and management company
    v. South Asian State (UNCITRAL)
    Counsel to the State in defining the defence strategy and addressing the opposing party’s arguments after the early termination of a port concession agreement
  • North African real estate promoter
    v. Central African State (ad hoc)
    Expert Testimony – Damages analysis related to the alleged expropriation of an investment in the homebuilding sector
  • Indian engineering, procurement and construction company
    v. American industrial company
    Counsel to the engineering and construction company in justifying cost overruns
  • European medical services company
    v. South East Asian State (UNCITRAL)
    Expert Testimony – Damages analysis related to the alleged expropriation of medical infrastructure
Power, Water, Waste

  • European water and electricity supplier
    v. North African State (ICSID)
    Expert Testimony – Damages analysis related to the alleged expropriation of a water concession
  • European industrial company
    v. European waste management company (ICC)
    Expert Testimony – Damages analysis related to the sudden termination of a waste management contract
  • European power producer and supplier
    v. State-owned power company (ICC)
    Expert Testimony – Damages analysis related to the determination of a call option price per share in the context of a privatisation process

Telecommunications, Defence

  • Major international telecommunications company
    v. East African State
    Counsel to the company in defining the defence strategy and addressing the opposing party’s arguments in a competition and expropriation dispute
  • African telecommunications company
    v. West African State (ICC)
    Expert Testimony – Damages analysis related to the alleged expropriation of a mobile telecommunication licence
  • European company specialised in military aircraft maintenance
    v. Central African State (ICC)
    Expert Testimony – Damages analysis related to the sudden termination of a technical assistance contract
  • European defence and security company
    v. North African national company (ICC)
    Expert testimony – Damages analysis related to cost overruns and delays concerning several contracts for the securing of sensitive sites

Distribution, Retail, Franchise

  • European personal care retail company
    v. European competitor (French Tribunal)
    Expert Testimony – Damages analysis related to the early termination of a licensing agreement
  • European clothing retail company
    v. International investment fund (Italian Tribunal)
    Expert Testimony – Damages analysis related to the application of a contractual formula
  • European healthcare products manufacturer
    v. European distributor (ad hoc)
    Expert Testimony – Analysis of damages related to the sudden termination of a supply agreement

Commodity Trading

  • European company in the cotton industry
    v. European competitor
    Mediation – Determination of the compensation due after the breach of a trading contract

Other

  • European automotive manufacturer
    v. European competitor (ICC)
    Expert Testimony – Damages analysis related to an intellectual property dispute
  • European investment fund
    v. Western European State (ICSID)
    Expert Testimony – Damages analysis related to the alleged expropriation of an investment following the default of a local bank on the repayment of the investment fund’s liabilities
  • European dairy and juice manufacturer
    v. North African State (ICC)
    Expert Testimony – Analysis of damages related to the expropriation of a production plant