Baker & O'Brien, Inc.

Experience

Experience

 

Case Attribute: Arbitration

Article
Condensate Feedstock Contract Dispute
Assisted in a claim between: (1) a European refiner and ultimate condensate supplier, and (2) an intermediary company, concerning allegations that the intermediary company was prevented from obtaining condensate supplies for sale to the refiner.  Studied the potential availability and quality of condensates in the producing region and elsewhere.  Identified potentially suitable condensates for the refinery.  Based on forecasts of oil and petroleum product prices, prepared an estimate of potential economic damages.  Described how term feedstock contracts for condensate are typically concluded.  Testified at an arbitration in London.
Arbitration , Expert Witness/Testimony , Industry Practice/Standard of Care , Pricing
Construction Dispute - Gas Plant
Provided expert reports and testimony regarding project management issues, alleged defects, and liquidated damages for international arbitration between owner and contractor.  The project involved an offshore platform, an undersea pipeline, an onshore pipeline, an onshore cryogenic gas processing plant, and a sales gas pipeline.
Arbitration , EPC-related , Expert Witness/Testimony , Gasification , Industry Practice/Standard of Care , Offshore , Pipeline
Formaldehyde Plant Construction Litigation
Assisted in a dispute concerning allegations that completion delays and poor plant performance at a European formaldehyde plant resulted in a multi-million dollar damage claim.  Assisted with discovery, inspected plant, evaluated plant operating records, reviewed construction contracts, valued the plant, and calculated damages.  Presented and defended conclusions at hearing.
Arbitration , EPC-related , Industry Practice/Standard of Care , Operations/Maintenance
Insurance Arbitration
Investigated the circumstances surrounding an oil spill at a Gulf Coast refinery following a hurricane.  Work focused on whether the refiner acted as a "prudent operator" before and after the hurricane and whether the owner was entitled to a claim for damages based on an insurance policy's pollution exclusion clause.  Prepared a written report for submission into evidence in an international arbitration.
Arbitration , Industry Practice/Standard of Care , Operations/Maintenance
Natural Gas Tax Dispute
Following the imposition of a new oil and gas taxation regime, a dispute arose regarding the contractual right of local natural gas producers to "pass through" incremental taxes to their customers.  Served as expert witness.  Key work involved the development of a fair mechanism to allocate recovery and distribution costs between "jointly" produced hydrocarbons, including oil, condensate, natural gas, and natural gas liquids.  Prepared and defended specific proposal in the arbitration proceedings.
Arbitration , Commercial Terms Review , Expert Witness/Testimony , Pricing
Refinery Valuation Study
Provided an opinion as to the fair market value of a large European refinery that changed ownership during the 1980s.  Party filed arbitration proceedings against its former partner, claiming that the refinery was sold for well below market value.  Prepared several reports that were submitted as evidence.
Arbitration , Pricing
Pipeline Quality Bank Dispute
Assisted in a dispute involving crude oil quality bank payments demanded by a pipeline consortium transporting a company's oil through Central Asia.  Studied the quality bank calculation procedure in order to demonstrate if the methodology described in the tariff had been properly applied.  Provided examples of methodologies used in other quality banks.  Prepared quality bank calculations based on application of the methodology.  Testified at an arbitration in London.
Arbitration , Crude Oil Valuation , Expert Witness/Testimony , Pipeline , Pricing , Product Quality
Refinery Fair Market Value Dispute
On behalf of one of the interested parties in a bankrupt oil refinery, conducted a technical and economic evaluation of the facility to determine if the plant was economically viable and had value as a "going concern."  Study was submitted into evidence before an international arbitration tribunal established to determine the ultimate disposition of the facility.
Expert Witness/Testimony , Pricing
Arbitration - Refinery Valuation
In support of a valuation dispute, developed an economic model to assess the value of a fuels refinery.  Submitted an expert report and provided testimony.
Arbitration , Expert Witness/Testimony , Pricing
Refinery Force Majeure Claims
Prepared expert reports and testified in an international arbitration involving multiple product supply disputes between a refinery and an adjacent chemical plant. Reviewed force majeure claims related to catalytic cracking technology, product supply contracts, and utility supply interruptions.
Arbitration , EPC-related , Expert Witness/Testimony , Industry Practice/Standard of Care , Operations/Maintenance
Asphalt Refinery Valuation
Concerning an owner's capability and obligation to pay a prior arbitration award, determined a retrospective fair market value of an asphalt refinery and provided testimony regarding the estimated value of the refinery assets.
Expert Witness/Testimony , Physical Asset Appraisal , Pricing
Production Sharing Dispute
Reviewed amended field development plan with respect to a PSA dispute between government and operator consortium over a proposed multi-billion dollar increase in projected final costs. Prepared expert report, reply report, and provided oral testimony.
Arbitration , EPC-related , Expert Witness/Testimony
Pipeline Operating Dispute
Assisted in a dispute between an owner and an operator of a recently-constructed crude oil pipeline.  Prepared an expert report concerning:  (1) the facilities that should have been provided as part of the capital project to construct the pipeline; (2) the equipment necessary to operate and maintain the pipeline; and (3) whether defects found during the early operating period were the result of improper equipment design specifications and construction, or improper operation and maintenance.  Testified at arbitration in London.
Arbitration , Commercial Terms Review , Environmental , Expert Witness/Testimony , Industry Practice/Standard of Care , Operations/Maintenance , Pipeline
Refinery Construction Dispute and Arbitration
Following previous arbitrations regarding liability for change orders and delays associated with a refinery expansion/upgrade, Baker & O'Brien was engaged to estimate the "quantum" amounts associated with over 400 individual claims that had been addressed by the arbitration tribunal and its technical advisor.  We testified regarding our estimates at a final arbitration hearing.   
EPC-related
Ethanol Contract Dispute
Assisted in a dispute between gasoline marketing firm and an ethanol producer in arbitration over a long -term ethanol supply contract from a new production facility.  Testified in arbitration regarding the development of the contract pricing formula, how it was to be applied, and the shortcomings associated with it. 
Arbitration , Commercial Terms Review , Pricing
Refinery Valuation Dispute and Arbitration
Developed an opinion of the value of a joint venture company that owned and operated a large petroleum refinery in Eastern Europe. Evaluated the refinery's financial performance, capabilities and competitive position, as well as other valuation metrics, such as replacement cost and comparable refinery transactions. Provided testimony at international arbitration.
Arbitration , Expert Witness/Testimony
Equipment Demolition / Fire Investigation
Investigated circumstances of a large refinery fire related to a hydrocarbon release from a partially demolitioned open-ended pipe. Developed expert report of findings and provided opinions concerning industry practices and standards of care for the demolition of decommissioned facilities. Provided deposition and arbitration testimony.
Arbitration , Expert Witness/Testimony , Industry Practice/Standard of Care , Operations/Maintenance , Safety
Gas Plant Construction Dispute
Prepared expert report for AAA arbitration regarding alleged deficiencies by the EPC contractor relating to compliance with recognized and generally accepted good engineering practice (RAGAGEP) for adherence with OSHA requirements. Multiple issues, including control room safe location, electrical area classification, positive material identification, process hazard analysis, metallurgy selection, and building ventilation design were addressed.
EPC-related , OSHA-related
Water Treatment/Injection Contract Dispute
Engaged to provide expert witness assistance with technical issues regarding water treatment facilities.  Reviewed project, maintenance and operational costs and schedules, in addition to the performance of the facilities.  Testified in an ICC arbitration hearing in New York conducted in Spanish/English.
Arbitration , EPC-related , Expert Witness/Testimony , Industry Practice/Standard of Care , Operations/Maintenance
Propane Pricing Analysis
Evaluated the historical development of propane prices in a key North American market, and developed a report that assessed propane supply-demand dynamics and price response, given the increasing availability of supply.  Evaluated the evolution of company price postings and compared independently-assessed, third party prices to these postings.  Provided opinions on the best propane price reference points to be used in commercial supply contracts. 
Arbitration , Commercial Terms Review , Pricing
Needle Coke Price Dispute
Provided an opinion on the market price of needle coke in connection with a dispute submitted to the International Centre for Expertise of the International Chamber of Commerce.
Arbitration , Commercial Terms Review , Pricing , Product Quality
Refinery Turnaround Dispute Arbitration
Investigated the cause/origin of a leak that developed on a process unit after a turnaround, leading to an extended shutdown.  Evaluated various damage models used to estimate the value of loss of use of the process unit and the reduced operation of the refinery.  Submitted an expert report on the leak liability issues and the estimated value of loss of use of the process unit and its effects on refinery operations.  
Arbitration , Business Interruption , Expert Witness/Testimony , Industry Practice/Standard of Care , Operations/Maintenance
Gas Plant Acquisition Dispute
After concluding a transaction, the acquiring party claimed that the facilities were not sufficient to conduct business due to deficiencies related to design, construction, safety, and failure to meet environmental regulations.  Visited the plant to interview key personnel, viewed the physical facilities, and reviewed relevant operational, safety, and engineering design information.  Our findings and opinions were presented in an expert report which was submitted into evidence.
Arbitration , Expert Witness/Testimony , OSHA-related
Production Facility EPC Dispute
Reviewed and opined on different aspects of a dispute between the developer of an oil production facilities project and the EPC contractor.  Assessed variation/change orders for entitlement and reviewed claims of preferential engineering (versus functional design).   
Arbitration , EPC-related , Expert Witness/Testimony
Feedstock Supply Dispute
Reviewed the incidents of feedstock disruption and its effects on production of a basic chemical by a chemical producer in its dispute concerning a long-term feedstock supply contract.  Dispute was settled at an early stage, prior to the preparation of an expert report.
Arbitration , Commercial Terms Review , Operations/Maintenance
Gas Plant Construction Dispute
Prepared expert report and testified regarding alleged performance deficiencies of a general mechanical contractor performing a reimbursable construction project.  The project allegedly experienced poor productivity, resulting in cost overruns and schedule delays.  Assessed the different potential causes of alleged poor productivity, including project management, scope changes and weather impacts.
Arbitration , EPC-related , Expert Witness/Testimony , Industry Practice/Standard of Care
IPP/Refinery Power Generation Outage Dispute
Assessed the cause(s) of supplier's steam and electricity generation failure and mitigating actions by the refinery/petrochemical customer. Preliminary findings and a document request were provided to the client.
Arbitration , Business Interruption , Expert Witness/Testimony , Industry Practice/Standard of Care , Operations/Maintenance , Property Damage
Insulation Works Dispute
Provided expert witness assistance with technical issues regarding the installation of insulation on an LNG facility.  Baker & O'Brien reviewed the technical issues, prepared an expert report, and testified regarding our opinions in an ICC Arbitration hearing.
Arbitration , EPC-related , Expert Witness/Testimony , Industry Practice/Standard of Care , LNG
Floating Production Platform Dispute
Reviewed, opined, and prepared expert report regarding the project cost differences experienced during construction of the hull and integration of topsides for a semi-submersible platform, which was placed into service offshore of Brazil.  Our review included a change in the construction site, changes in construction strategy, and changes in the sequence of construction. 
Arbitration , EPC-related , Expert Witness/Testimony , Industry Practice/Standard of Care , Offshore
Refinery Construction Dispute
Assist client and provide expert consulting support assessing responsibilities of an EPC contractor, as well as project execution and start-up issues associated with the construction and start-up of a grassroots refinery. 
Arbitration , Business Interruption , EPC-related , Industry Practice/Standard of Care , Operations/Maintenance , Property Damage
Construction Dispute - Gas Processing Plant
Dispute involving delay and disruption, welding, and testing during gas plant debottlenecking project.  Contractor claimed that multiple owner changes had resulted in significant additional costs, including delay.  Owner claimed that the costs resulting from the changes were previously paid and that the delay in completion was due to the contractor’s poor management of the project.
Arbitration , EPC-related , Intellectual Property