Arbitration – Expert Witness
Jones Day acting on behalf of global energy leader

It was a fantastic result for our client, with Contractor recovering a net of less than $44 million against claims of more than $1.6 billion. That’s less than 3% of the total claim. Of particular relevance to you guys, the Tribunal rejected the vessel mobilisation claims completely, specifically finding that the items identified in the safety and suitability inspections were valid and reasonable, and that Contractor had a contract obligation to address them before mobilisation. The Tribunal expressly rejected [Claimant’s] testimony, finding that it was not useful to a determination of Contractor’s claims. Obviously on a case this large and complex it is always a team effort. But we couldn’t have done it without you guys.

ClientJones Day acting on behalf of global energy leader
LocationOffice support in London and Abu Dhabi with attendance at the arbitration tribunal in Perth, Australia
Project Duration18 months
SectorOil & Gas

Scope of work

The case concerned claims by the EPC Contractor that delays in mobilisation of project vessels and barges for the construction of an LNG jetty in, Western Australia, were partly attributable to the Company’s onerous marine assurance requirements. 

GM was retained by lawyers to provide expert evidence about the suitability and inspection process for nine barges which were a part of the Contractor’s marine spread.  Specifically, Global Maritime were instructed to evaluate and provide opinion on:

  1. Contractor claims regarding the vessel suitability inspection and approval process on the Project;
  2. Owner’s conduct in respect of the vessel suitability and inspection process, including whether its inspections were appropriate.
  3. Contractor’s performance in respect of vessel mobilisation, timely procurement of suitable vessels and close-out of inspection findings.
  4. Expert opinion on the report prepared and submitted by Contractor’s expert witness in support of its claims.

Challenges

Complexity of the case, huge pressure on high quality deliverables which were exasperated by time differences between the client’s offices and GM experts. The Client and GM were working in different time zones i.e. UK, USA, UAE and Australia.

Outcome – Results and Deliverables

Following GM’s delivery of written and oral evidence at arbitration in Perth, Australia the Tribunal rejected the claimants’ vessel mobilisation claims completely, specifically finding that the items identified in the safety and suitability inspections were valid and reasonable, and that the Contractor had a contract obligation to address them before mobilisation on the project.

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