International Arbitration and Litigation
Ross Forensics professionals have been instructed to advise on cost, quantum and damages issues and provide expert evidence on many engagements involving large international disputes. These primarily have involved major construction projects including renewable and fossil-fueled power plants, subway/rail and infrastructure, airports and resort hotels. We have a demonstrated ability to effectively and efficiently assist clients around the globe. Our work has been performed in the United Kingdom and elsewhere in Europe, the Middle East, Africa, the People’s Republic of China and the Caribbean. Our clients include major U.S.-based EPC contractors operating globally as well as foreign corporations.
We have significant experience in international arbitration, and thus are keenly aware of the differences in procedure and presentation in matters in these forums as compared to that typical in the United States. We have demonstrated our ability to successfully adapt our work approach and presentation accordingly. We believe our deep experience with both “U.S.-style” litigation and international arbitration provides our professionals with unique skills and perspectives that distinguish us from other experts.
Our experience in international arbitration includes working jointly with opposing experts to narrow issues in dispute. In past cases, we have been successful in reaching agreement on numerous matters of principle with respect to quantum, substantially reducing the contentious issues to be decided by the tribunal. In addition to claim analyses and preparation, our services typically also include: assistance with pleadings; assistance with discovery requests; assistance with witness statement preparation; preparation of individual expert reports; responding to opposing expert’s reports; and coordinating with other technical experts retained by the client. Our personnel have extensive experience serving as experts before arbitration tribunals and have participated in expert “hot-tubbing” and other forms of expert examination. We also have performed a variety of ad hoc tasks to assist and inform the tribunal.
Ross Forensics professionals have provided expert evidence in arbitrations within the jurisdiction of the London Court of International Arbitration and the International Centre for Dispute Resolution (London). We also have been retained to provide expert opinions in International Chamber of Commerce and Dispute Adjudication Board proceedings.
Case Studies in International Arbitration & Litigation
Subway System Upgrades, UK
Our professionals were retained by an EPC contractor to assist in preparing two separate damages claims resulting from delay and disruption to the contractor’s work in connection with a large upgrade project involving a major subway system in the UK.
Our primary focus was analyzing the financial impact of delay, asserted to be nearly three years in duration, on the cost of the project. We also addressed numerous subcontractor claims. Our professionals worked closely with the employer’s quantum expert in an effort to narrow issues of disagreement over quantum. We produced more than ten joint expert statements and were successful reaching a large measure of agreement regarding claim pricing issues and support.
Our work also included: assistance with witness statement preparation; preparation of expert reports and rebuttal reports; coordination with the client’s technical experts; and, assistance at mediation. Our involvement in this project extended over nearly three years with work being performed primarily in London.
Steve Ross served as expert witness on quantum and provided testimony in two separate arbitrations at the International Centre for Dispute Resolution in London.
Offshore Wind Farm, UK
Our professionals were retained by an EPC contractor to assist in preparing a damages claim arising from the construction of an offshore wind farm in the UK.
In addition to working with the contractor’s programming expert, we liaised with nearly twenty PhDs, academics and other technical experts recognized internationally for their expertise in issues such as metallurgy, fracture mechanics, the effects of wind and wave loading on structures, and weld testing and inspection procedures.
Our work included quantifying the EPC contractor’s damages resulting from delays and additional work scope as well as analyzing the employer’s counterclaim. Our assistance in the arbitration extended over nearly three years with work being performed primarily in London with some work undertaken in Shanghai.
Steve Ross served as expert witness on quantum and provided testimony before a three party tribunal under London Court of International Arbitration rules.
Resort Hotel Construction in the Caribbean
Our professionals were retained by an EPC contractor to assist in preparing a damages claim resulting from the termination of a contract to construct a five star luxury hotel in the Caribbean.
Our analysis focused on the costs incurred by the contractor to complete the work in place through termination. We also analyzed the amounts claimed by numerous subcontractors as well as the support and methodology utilized to quantify the developer’s counterclaim.
Steve Ross provided expert testimony concerning the results of our analyses in a jury trial in U.S. District Court for the Southern District of New York (Manhattan).
Power Plant in North Africa
Our professionals were retained to assist an EPC contractor prepare a damages claim in excess of $100 million arising from the alleged breach of an agreement with the developer to award an EPC contract to construct a major power plant in North Africa.
We were also retained by the contractor’s Egyptian partner to assist in developing its damages claim. We worked with principals of both contractors in Switzerland and the UK.
A demand for arbitration was filed under ICC rules, however the parties resolved the matter shortly thereafter.
Airport Terminal in the Middle East
Our professionals were retained to assist an EPC contractor in preparing a preliminary damages claim for delay and disruption arising from the construction of an airport terminal building in the Middle East. The damages quantified included prolongation, labor inefficiency and additional engineering.
Resort Hotel Construction in the Bahamas
Our professionals were retained by an EPC contractor to prepare a claim for damages resulting from additional work outside the scope of the contract and contract extension related to the construction of a luxury resort hotel in the Bahamas.
Our work included the review and analysis of accounting and other project records. We also evaluated the financial condition of the developer and identified recurring cash flow shortfalls during the period of construction.
Steve Ross provided expert testimony in deposition. The case was resolved prior to arbitration.
London Underground Operations and Maintenance
Our professionals were retained to support a consortium with its pricing submittal with respect to the second term of a 30-year Public Private Partnership (PPP) contract involving maintenance and operation of various lines on the London Underground.
The work performed included review, analysis and assessment of: the bases and processes utilized to develop the tender pricing; supporting data for unit rates; programme management and contingency; and, overall consistency with industry practice and guidelines.
Our findings were presented in a report submitted to the Office of the PPP Arbiter in London.