Expert Witness Services
Tetra Engineering provides consulting services to support clients in dealing with technical disputes involving power generation and thermal process plants, either in the project/construction phase or after commissioning when the plant is in operation. Our team comprises:
- Highly experienced project and construction engineers fully conversant in organizing and managing large-scale power and process projects from inception to commissioning
- Experts in power and process plant design and operations with extensive background in vendor source control, plant performance and failure root cause determinations.
We can support clients in all phases of a project:
Pre – Contract Stage
- Advising parties on appropriate dispute resolution mechanisms in the project contract. These need to be carefully defined and might allow for other forms of alternative dispute resolution prior to arbitration (mediation, conciliation and expert determination).
- Assist in drafting the arbitration agreement clause so that it is valid and allows the parties’ to be able to go to arbitration and that an arbitrator will have jurisdiction over the proceedings.
- Assist parties to choose an appropriate seat for the arbitration. This needs to be done carefully as the seat sets out the law that will govern the arbitration. The goal is to select a seat where the legal procedures facilitate the arbitral process.
Preliminary Stage of a Dispute
- Assist parties in dispute to approach discussions in a manner that can lead to positive results prior to invoking an arbitration proceeding or other ADR mechanism.
Arbitration Stage
- Assist parties to understand the arbitration procedural governing law depending on where they have chosen to arbitrate.
- Assist parties to understand the appropriate procedural rules, either institutionally or ad hoc. If ad-hoc then guide the parties to set out a set of procedural rules that take account of the governing law.
- Assist parties through the arbitral process in setting out evidence, knowing the format of the various drafting requirements for ensuring a smooth procedure.
- Assisting parties to understand what can happen after the arbitration award is delivered and in the event that a recourse to the appropriate court is required.
- Provide expert witnesses during arbitration or legal proceedings on plant performance or design issues
- Organizing and structuring technical document preservation and development.
Our technical experts have experience from legal cases in Europe, South East Asia and North America. Please contact us for more information or references.
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