In 2010 our client engaged a contractor to expand significantly the capacity of its dredge mine in Southern Africa. The project ran into difficulties: parts of the plant were defective and the commissioning of the plant was delayed by about a year.
The contractor brought an arbitration after the mine owner withheld full payment in respect of the expansion works. Our client submitted a counter-claim for its lost profits resulting from the delay and, advised by Three Crowns and Shearman & Sterling, appointed us to provide an independent assessment of the amount of these lost profits.