EKON experts have work extensively on Arbitration cases relating to the Electricity sector, these projects have ranged from disputes arising from gas contracts linked to the value of electricity through to arbitration cases resulting from retroactive regulatory changes.
EKON’s primary focus, has been on the latter cases, that is to say litigation support services for companies operating in the Renewables business given the current regulatory uncertainty in the Spanish electricity market, where a number of recent regulatory changes (including retroactive changes) have caused a considerable financial burden to our clients.
Steven Taylor, EKON Director, is acting as the expert witness in ECT arbitration claims versus the Spanish Government. Furthermore, EKON experts have assisted Renewable promoters and/or financial investors by carrying out the following tasks:
- Financial impact analysis resulting from breach of contract between parties (turbine suppliers, PV module suppliers).
- Damage assessment of the impact of regulatory changes (retroactive changes) in Solar PV and Wind assets in Spain.
- Litigation support, EKON has been involved in several high profile cases where our role has included assisting our client’s legal team (or external council) in developing the optimum strategy in the run up to either negotiations or an arbitration proceeding.
- Arbitration support, EKON experts have drafted several expert reports for clients and have given expert witness in Arbitration proceedings that have included the financial analysis of the damage caused by the regulatory changes imposed by the Spanish Government on Renewable generation assets in Spain
Our Philosophy
- Our experts have detailed knowledge of the current regulatory framework as well as the regulatory changes that are in the pipeline.
- Established track record preparing expert reports and giving expert witness testimony.
- Development of in-house financial models that can be used to carry out damage impact analysis of regulatory changes (real or potential).
- Our main markets are currently Spain, but are expanding into Italy, France and Germany and other regions where there are serious risks of regulatory risk for renewable developers.
- We have experience in several different technologies, wind and solar PV being the most prominent.
- We provide credible expert witnesses and strong analytical back up,
- We work closely with the client / lawyers in preparing the case.