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Regulation, antitrust and experts’ economic opinions

Experts’ economic reports in controversies, arbitration processes, and damage estimations

We contribute to arbitration cases and controversies with a robust and independent economic and financial analysis that allows the estimation of economic damages caused by the alleged default or breach under scrutiny. In the case of administrative proceedings, potential sanctions are also calculated.

We have prepared economic reports for four arbitration processes involving controversies accounting for approximately $1.5 billion in damages and sanctions, in the pension, fishery, transport, and energy sectors.

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Since 2014, the area of ​​Economic Consulting has conducted more than 10 studies on controversies and arbitrations in different sectors, such as infrastructure, hydrocarbons, industry, fisheries, among others. The estimated damages and compensation amount to a total of more than S / 30 million.

The cases in which the Economic Consulting team has participated involve controversies of different types such as contractual breaches, tax disputes, differences in the interpretation of determinants used in tariff methodologies, among others.

In the studies carried out, compensations for loss of earnings and emergent damages have been estimated and the probabilities to be applied when the breaches materialize in a loss of chance have been estimated. For this, official financial models are used, expected capital returns are estimated and cash flows are simulated under different scenarios.

Specific cases

  • Economic-financial opinion for a case of controversy due to discrepancies regarding a contract for the provision of surface maintenance service.
  • Analysis of the expert report submitted by the State in a case of controversy within the framework of a contract for maritime transport services.
  • Technical opinion regarding the economic impact that would result from the legal instability generated by a tax dispute.
  • Economic-financial opinion for a case of controversy regarding damages due to non-compliance by the State within the framework of a concession in the hydrocarbons sector.

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