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 [...]
Mr. Pabon provided an expert report on damages in an international arbitration case about the seizure of Claimant’s investments, the revocation of a tax exemption that had initially been enjoyed by Claimant, and, ultimately, the elimination of Claimant’s opportunity to earn a return on and of his investment. Mr. Pabon’s team assessed damages and economic [...]
Mr. Pabon provided expert testimony in a road concession project. The international arbitration revolved around the interpretation of the Concession Contract adjustment mechanism and the alleged lost revenues due to the wrongful application of toll adjustments. Mr. Pabon’s team assessed the economic validity of the claim and demonstrated that the Contract was the regulatory instrument [...]
Mr. Pabon acted as an expert witness representing a large US investor-owned utility in an alleged damages claim related to a build-own-operate power plant transaction in the Dominican Republic. The claim was centered on a breach of contract by not paying for advisory services allegedly provided by Claimant in support of Respondent’s evaluation of a [...]
Mr. Pabon led a team of economists advising Independent Power Producers (IPPs) on utility regulation and other energy market issues. The team assessed for the IPPs governmental proposals to segment the generation market, advised on their participation in energy auctions, and designed and implemented commercial strategies. In addition, Mr. Pabon’s team was also retained by [...]
Mr. Pabon worked with a team representing a Latin American government against a company seeking contract reform and compensation related to a transmission line project. The company claimed that economic turmoil had made the project financially infeasible. Mr. Pabon’s team provided critical economic analysis to the Tribunal hearing the case, including insight on economic fundamentals [...]
An investor sought compensation for alleged lost profits and diminution in value of its investment due to claimed discriminatory and unfair treatment by a government limiting the ability to arbitrage self-generated electricity against purchases from its regulated supplier. Mr. Pabon’s team conducted regulatory and economic policy analyses on restrictions on the resale of self-supplied electricity [...]
The States of Orissa and Haryana in India undertook a wide reform of their power sector. Mr. Pabon’s team played a key role in the reform effort in that sector with commission for the design and development of the regulatory framework. The team’s specific responsibilities included the analysis of legislation, regulations, licenses and guidelines; the [...]
A company with an integrated energy project that monetizes isolated gas reserves by generating electricity and transmitting it to market claimed that natural gas market changes should trigger royalty formula adjustments. Mr. Pabon’s team represented the respondent in the resulting dispute, conducting economic and commercial analyses of the royalty adjustment clause, and demonstrating that the [...]
A major power reactor construction company filed for arbitration related to delay in the execution of construction work and project management issues against a power utility in a Northern European country. Mr. Pabon’s team conducted economic and financial analysis related to the delay and the contractual obligations assumed by Respondent with third party electricity off-takers. [...]