An Investment Expropriation Project  

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 [...]

A Road Toll Case in Latin America

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 [...]

Defense of Private Investor on a BOO Power Plant Tender

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 [...]

Defense of a Latin American Government in an Electricity Construction Project Dispute

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 [...]

A NAFTA Discrimination Claim in the Pulp & Paper Industry Addressing Electricity Regulation Issues

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 Delay in Construction of a Power Plant in a Nordic Jurisdiction

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. [...]

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