Analyse de rentabilité
A global supplier of plant and equipment for the metallurgical industry was involved in an ICC arbitration concerning the design, engineering, supply, supervision and commissioning of a new ferroalloy plant at an existing industrial site in Central Asia. The underlying contract value was approximately EUR 1 billion, and the claimant sought c. EUR 500 million for lost profits and remedial costs.
The analysis helped the Tribunal distinguish losses allegedly caused by contractual breaches from losses driven by independent project constraints. After cross-examination, the financial case was framed around causation, production economics and remedial feasibility, rather than around the claimant’s modelled shortfall alone.
Our experts challenged the claimant’s lost profits and remedial-cost case against the contractual record, plant economics and the operational drivers of underperformance. We quantified the impact of raw-material constraints, commodity-price exposure and alternative remedial scenarios through targeted sensitivity analyses developed with counsel and technical experts.