EKON’s Arbitration Services for the gas industry include the full scope of services from the Contract Valuation (also called Strength of case analysis), Assistance in Commercial Discussions between the parties and finally, if required, carrying out the role of Expert Witness. The tasks that clients tend to request from EKON can generally be split in those three phases as summarised below.
Strength of Case
Contract analysis, understanding the key re-opener clauses and their implications, i.e. changes in end user market, value of alternative fuels, changes in generation mix, tougher environmental regulations etc.
Review of end user Gas Market, analysis of the value of gas in the market (end user market, gas for power, etc.). Comparison of gas value by source, end user margin analysis by customer segments.
Report drafting providing opinion on the strength of the case
Assistance in Commercial Discussions
EKON provides full support to our client throughout the commercial discussion.
Providing an independent opinion on the claims made by the counterparty.
Analysis of suggested modifications to contract formula and projection of income under different scenarios.
Assistance in further analysing and providing an opinion on new areas of research that arise
Expert Witness Role
Drafting final expert witness report.
Assisting the client’s legal council or advisor in the drafting of the Statement of Claim / Statement of Defence and all Rebuttal reports.
Providing expert witness testimony at the Arbitration proceeding.
On-going support during the process and carrying out additional analysis as needs arise
Our experts have led the work on over 45″ long term LNG and piped gas reopeners linked to the Spanish and NWE (North West Europe), having assisted lawyers in preparing the statement of claims and having prepared five expert witness reports. Our experts have also prepared a number of rebuttal reports against the counterparty’s expert reporting as well as having given expert witness testimony to Arbitration Tribunals.
Our Philosophy
- We focus on long term gas contracts into Europe with strong expertise in the Spanish market,
- Our main market is Spain, although we also have experience working in Italy, France, UK and Germany.
- We have experience in both LNG and gas pipeline contracts,
- We provide credible expert witnesses and strong analytical back up,
- We work closely with the client / lawyers in preparing the case.
Steven Taylor and Agustin Llana are renowned experts in the field of Gas Arbitration and Price Reviews for long term LNG and Pipeline GSA reopeners having assisted lawyers in preparing the statement of claims and having prepared several expert witness reports for arbitration proceedings.