Because of our expertise in the design, fabrication, construction and analysis of equipment, we have served as technical arbitrators in disputes involving liabilities between the the designer, fabricator, operator and contractor. By resolving these disputes in this way, the principals save a great deal of unnecessary costs.
These cases have involved the failure of commercial and industrial components, power plants and equipment. We have handled both U.S. and international disputes ranging from $100,000 to $560,000,000.
The benefits of technical arbitration include more flexible proceedings, and is quicker and more cost effective than standard legal arbitration. Our practice is to provide all parties an opportunity to submit their position and to rebut others’ positions – we then determine the degree of responsibility of each party.
O'Donnell Consulting was asked to serve as technical consultants in an International Chamber of Commerce ($ 560 M) binding arbitration, performing the evaluation of the design, engineering and performance of heat recovery coke oven batteries in Brazil. We evaluated the design/ construction/ materials issues, as well as the thermal cycling of the refractory components. Our work resulted in the claim being settled prior to the scheduled arbitration tribunal in Paris.
See Portfolio to read about our engineering and legal cases.