Mr. Pabon provided expert testimony in an international arbitration matter involving a power plant construction project. The case centered around a construction delay claim and associated market penalties. Mr. Pabon’s team assessed the economic validity of the claim from a regulatory perspective and demonstrated that the economic and commercial decisions made by the plant operator led not only to the imposition of penalties but also to an increase in their magnitude. Mr. Pabon opined that the decisions of the operator were made in a complex regulatory environment and driven by its own risk profile and that those choices were not required by market economics or the technical limitations of the plant.
