International arbitration

Sapere has extensive experience in the provision of expert testimony and litigation support services from its Forensic & Valuation, Economics & Data Analytics, Energy & Environment and Health & Social Services teams. Our teams have been involved in large and complex arbitrations around the world.

Our experience includes the provision of expert reports and oral testimony under various arbitration rules (such as ICC, UNCITRAL, ICSID, CIETAC, ACICA and IAMA) in numerous jurisdictions, including:

  • Hong Kong;
  • Singapore;
  • Switzerland;
  • New Zealand; and
  • Australia.

We have been instructed to provide opinions regarding:

  • damages,
  • accounting issues,
  • revenue and pricing, and
  • valuations (including business and IP valuation),

resulting from Bilateral Investment Treaties, Build Operate Transfer Agreements, business interruption,  breach of contract, early terminations and solvency issues.

What we do

Sapere offers our international and domestic clients significant expertise and experience at competitive rates.  Operating from Australia and New Zealand, we are ideally located to service the needs of our clients in the Asia Pacific region.

Sapere prides itself in providing its clients with independent, clear and concise expert reports, as well as assistance with identifying the required documentation and evidence to support claims.

Examples of the various matters Sapere has been involved with international arbitration include:

  • The assessment of damages arising from a breach of contract involving multinational companies in the mining sector (SIAC, 2017);
  • The assessment of damages arising from a breach of contract involving multinational companies and its joint venture in the technology sector (HKIAC, 2016);
  • The assessment of damages arising from a breach of contract involving multinational companies and a joint venture in the technology sector (SIAC, 2016);
  • Pricing of access to sea port facilities (NZ, 2016);
  • The assessment of damages, based on the valuation of companies managing schools in Asia and the Middle East (SIAC, 2015);
  • Service performance on long-term contracts for managing electricity networks (NZ, 2015)
  • The assessment of damages arising from business interruption in the agricultural sector (NSW, 2014);
  • The losses arising from early termination of an exclusive distribution agreement (ICC, 2011);
  • A claim for loss of profit and loss of opportunity arising from the alleged failure of a machine in the medical waste disposal sector (Victoria, 2007);
  • Valuation of specialised assets and pricing for aeronautical services (NZ, 2006); and
  • The assessment of the amount payable for early termination of a Build Operate Transfer contract in the mobile telecommunications sector. Claims and counterclaims both exceeded US$1 billion (Switzerland, 2004).