MAREEX’s experts can usefully provide their services at any stage of the development of a dispute, and even before it arises. While we favor a peaceful management of disputes, we support the rights of our client, in partnering with its legal advisors in the event of a conflicting evolution. We are experienced in the management of disputes at all stages of development and we are able to respond to documentary, strategic and evidentiary needs that may emerge.
Alternative dispute resolution
In dispute resolution, MAREEX’s experts offer several intervention modes. In the first place, we can intervene in the frame of Alternative Dispute Resolution Modes (ADRM). We can lead negotiations with the various project stakeholders or with the counterpart on contentious topics. Our experts intervene in facilitation, mediation and conciliation, on the front line at the negotiating table or as observers / back-office support.
In association with our clients, their legal advisors and the quantum experts involved, we can define a strategy for negotiating or establishing commercial agreements.
MAREEX’s success: rescue the hospital
The Construction of a new hospital was on the verge of being abandoned by the main contractor of the project. It was due to technical disputes resulting in serious financial problems and very poor communication between stakeholders.
Called in for a facilitation mission, the MAREEX’s experts managed to avoid the abandonment of the project. We have integrated the cultural differences between the parties. Our experts listened to and taken into account their complaints fairly, recalled the contractual rules. We were the mediators of a successful negotiation taking into account their respective demands. Thus, confidence returned between the parties, leading to the continuation of the project.
Litigation in dispute resolution
In the context of a dispute, MAREEX’s experts provide support in the proceedings, whether in arbitration or in front of a court. We collaborate with the legal advisors in charges of the issues. Moreover, we are able to coordinate the independent experts and witnesses of facts.
Our experts strengthen claim files on a selection of contentious subjects. As a support to lawyers, we write clarifying and simplifying documents on technical and complex issues.
We can also review and analyze the production of the counterpart and draft the answers to be provided. Our synthesis and briefs can be submitted to the Arbitration Court or to the Tribunal, where we may as well act as witness experts.
Our experts also perform review and production of documents in the context of contentious proceedings. Thanks to OppiData®, our e-Discovery platform, we can locate and review the key file documents. During the documentary production process, we can deal with the Redfern schedule and make the relevant documentation available to all parties.
We provide advises and recommendations at any stage of an arbitration process. It could especially be offered in anticipation of key meetings with arbitrators, advisors and expert witnesses. Our experts provide assistance to lawyers and legal advisers In the writing of arbitration statements. We consider delay, rules and processes, the various briefs, the role and responsibility of all stakeholders.
When a conflict progresses to legal recourses, MAREEX experts support their clients in close collaboration with their legal advisers. Through our expert reports, we develop arguments that cover technical, engineering and project management aspects and that we can support as expert witnesses. At the request of law firms, we assist in the preparation of examinations and cross-examinations.
We are involved in the development and implementation of a strategy by sharing our experience and our technical advice. Our experts contribute to the drafting of briefs, ensure the presentation of technical files and integrate new requests. We can provide assistance as observers during depositions.
MAREEX’s success: pushing the emergency stop
A Group of international contractors decided the termination of a project worth close to 1 Billon euros. The group leader called MAREEX’s expertise to assist its legal advisors in the defense of its case in an international arbitration. They also wanted to ensure coordination with the consultants of the other group members.
MAREEX’ experts identified and collected all the existing documentation, drafted the technical briefs supporting the position of the consortium. We also reviewed and commented the production of the partners. Our analysts managed the E-discovery process in close cooperation with the lawyers. MAREEX’s experts have assisted them all along the procedure, including during the hearings in front of the arbitration tribunal, in the review of the various arguments opposed to their client on technical subject, on delays and damage valuation.
We have saved our client from suffering potentially massive losses by providing all the necessary material to justify the termination of the contract. We acted as the relay, the interpret and on many aspects the substitute of our client all along a process that ultimately lasted eight years.