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 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.

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.

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)
    Various Expert Testimonies – Damages analysis related to the alleged expropriation of oil fields with claims ranging from US$ 600 million to more than US$ 1 billion
  • International oil and gas company
    v. South American State (UNCITRAL)
    Expert Testimony – Damages analysis related to a dispute about the application of a contractual formula defining the liquidation value of an oil and gas asset, for an amount exceeding US$ 800 million
  • African oil and gas company
    v. Central African State (ICC)
    Advisor to the company in defining and assessing its claims in the context of the suspension of an exploration permit
  • European oil and gas company
    v. European investor (ad hoc)
    Expert Testimony – Independent expertise on the economic justification of cash calls in the context of a joint operating agreement
  • Major European oil and gas company
    v. Central Asian State (ad hoc)
    Advisor to the company in justifying major cost overruns incurred in a dispute exceeding US$ 15 billion
  • Major international oil and gas company
    v. Central African State (ad hoc)
    Advisor 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

  • Australian mining company
    v. North African mining company (ICC)
    Expert testimony – Damages analysis in a dispute between shareholders regarding the sale of shares held in a joint venture agreement
  • European mining company
    v. West African State (ad hoc)
    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. Indian Ocean State (ad hoc)
    Advisor to the company in justifying cost overruns incurred
  • South Asian mining company
    v. Central African State (ad hoc)

    Expert Testimony – Damages analysis related to the alleged expropriation of an exploration mining licence
  • Asian mining company
    v. State-owned Central African mining company (ICC)
    Expert Testimony – Damages analysis related to the major cost overruns and alleged breaches in a joint venture agreement

Refining, Petrochemicals, Chemicals and Other Industrial Processes

  • South-American petrochemical company
    v. American EPC company (ICC)
    Expert testimony – Damages analysis related to the sudden termination of a contract related to the construction and delivery of a petrochemical plant
  • South Asian engineering, procurement and construction company
    v. American industrial company (ad hoc)
    Advisor to the engineering, procurement and construction company in justifying cost overruns in the context of a major LNG plant project
  • Middle East investment fund
    v. North African State (ad hoc)
    Expert Testimony – Damages analysis related to the alleged expropriation of a refinery
  • North African refining company
    v. North African National Oil Company (ad hoc)

    Expert Testimony – Damages analysis related to the suspension of a crude oil supply agreement

Construction and Infrastructure

  • European port construction and management company
    v. South Asian State (UNCITRAL)
    Advisor to the State in defining the defence strategy and addressing the opposing party’s arguments after the early termination of a port concession agreement
  • European investor
    v. Central African State (ICC)
    Advisor to the State on the assessment of the claimed damage following the sudden termination of a real estate and infrastructure concession contract, for an amount exceeding US$ 1 billion
  • European investment fund
    v. West African countries (ad hoc)
    Advisor to the investment fund in defining and assessing its claims following its forced withdrawal from an infrastructure project
  • European construction company
    v. European railway company (ad hoc)
    Advisor to the company in defining and assessing its claims in the context of delays in the construction of a railway line
  • 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 construction company
    v. Central African State (ad hoc)
    Independent expert work on behalf of the company – Value definition of the work in progress for an infrastructure construction project in the context of unpaid bills and work suspension
  • European civil engineering company
    v. Central African State (ICC)
    Advisor to the State on damages analysis related to delays and cost overruns incurred as part of a road construction contract
  • European civil engineering company
    v. Central African State (ICC)

    Independent expert work – Valuation of the claimed damage in relation to delays and cost overruns incurred in the construction of a stadium

Real Estate and Hospitality

  • European investor
    v. Indian Ocean State (ICSID)
    Expert Testimony – Damages analysis related to the alleged expropriation of a real estate and hotel resort following the inscription of a site on the UNESCO World Heritage List
  • European investor
    v. West African State (UNCITRAL)
    Expert testimony – Damages analysis related to the alleged expropriation of real estate investments
  • European real estate promoter
    v. Investment fund (LCIA)
    Expert testimony – Damages analysis related to the sales price formula of minority shares after the breach of a joint venture agreement
  • North African real estate company
    v. Central African State (ad hoc)
    Expert Testimony – Damages analysis related to the alleged expropriation of an investment in the homebuilding sector
  • European medical services company
    v. Southeast Asian State (UNCITRAL)
    Expert Testimony – Damages analysis related to the alleged expropriation of a private hospital
  • Middle East investment fund
    v. North African State (ad hoc)
    Advisor to the investment fund in defining and assessing its claim following the alleged expropriation of a hotel and leisure resort concession

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. Eastern European 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

Aerospace and Defence

  • European aerospace trading company
    v. West African State (ICC)
    Expert testimony – Damages analysis related to the sudden termination of a supply contract of military aircraft
  • 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
  • European high-tech company
    v. European aerospace and defence company (ICC)
    Expert Testimony – Damages analysis related to an intellectual property dispute and the loss of market shares

Telecommunications

  • Major international telecommunications company
    v. Indian Ocean State (ad hoc)
    Advisor 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

Distribution, Retail, Franchise

  • Middle-East fast-food franchisee
    v. European fast-food franchiser (ICC)
    Expert testimony – Damages analysis related to the sudden termination of a franchise contract
  • European distributors
    v. European personal care retail company (French Tribunal)
     Expert testimony – Damages analysis related to claims made by the distributors as a result of a cartel agreement sanctioned by the French Competition Authority
  • European househould products manufacturer
    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
  • European dairy and juice manufacturer and distributor
    v. North African State (ICC)
    Expert Testimony – Analysis of damages related to the expropriation of a production plant and the loss of market shares
  • North African distribution company
    v. European oil and gas service company (ICC)

    Expert Testimony – Damages analysis related
    to the sudden termination of a distribution contract of technical equipment

Commodity Trading

  • Major European oil and gas company
    v. North African national oil and gas company
    Advisor in charge of defining the damage value in relation to a breach of a LNG supply contract for an amount exceeding US$ 500 million
  • European company in the cotton industry
    v. European competitor (ad hoc)
    Mediation – Determination of the compensation due after the breach of a trading contract

Others

  • Middle-East investors
    v. Middle-East State (UNCITRAL)
    Expert Testimony – Damages analysis related to the alleged expropriation of the shares held in a banking venture for an amount exceeding US$ 300 million
  • European investors
    v. Central African State (ICC)
    Expert Testimony – Damages analysis related to the sudden termination of a service agreement related to the production of administrative documents
  • European investment fund
    v. Eastern Europe State (ICSID)
    Expert testimony – Damages analysis related to the alleged expropriation of an investment following the bankruptcy of a local bank
  • European automotive manufacturer
    v. European competitor (ICC)
    Expert Testimony – Damages analysis related to an intellectual property dispute and the loss of market shares