LA
Litigation and Arbitration
ONTIER SPAIN

International Arbitration for Infrastructure Construction



Problem

 

A multinational company within the energy sector requested our advice for the management of the incidents that emerged with a contractor in the framework of a contract for the construction of an energy centre. After the contract was terminated because the contractor claimed a breach performed by our client, an arbitration procedure in which the contractor claimed €45,000,000 for damages and losses was initiated before the CCI.

 



Solution

 

Our strategy consisted in proving that it was the contractor who had breached the contract. As a result, a counterclaim was commenced claiming a compensation for the damages caused to our client, which were derived from the construction damages generated by the contractor's breach, together with the additional costs derived from hiring a new contractor. The case involved complex expert examinations to analyse the economic impact of the delays in the design and execution of the work undertaken.

 



Benefit

 

The decision rejected the contractor's claim and approved the counterclaim, compelling the contractor to pay the costs of the proceedings.

 

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