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Disputes

FTI Consulting has deep expertise in technical and commercial disputes in the energy sector across a wide range of disciplines. Our team includes certified public accountants, certified fraud examiners, engineers, construction experts, valuation experts, economists, and insolvency practitioners with expertise in clean energy. We are confident that our capabilities in this sector are unrivalled.

Our Service Offerings

Disputes Relating to Technological Issues

Technology has evolved very rapidly in the clean energy sector. This has given rise to disputes over whether the right decisions were made with respect to product design, component and material sourcing, and technical implementation. In addition, disputes have arisen over major construction projects (large offshore wind farm construction, for example) that have suffered delays, cost overruns and/or technical defects. Clients rely on FTI Consulting clean energy expertise and extensive industry knowledge for advice during all stages of contested matters, from early case assessment and discovery to case strategy, root cause analysis, to delay analysis, damages analysis and settlement services.

Economic and Contractual Disputes

Many operational and supply contracts in the clean energy sector are 10–15 years or longer in duration. But because technologies are evolving so rapidly, the economics of contracts can vary significantly, in some cases giving rise to disputes. Clients rely on FTI Consulting deep clean energy expertise and extensive industry knowledge for advice during every stage of a breach of contract matter, from early case assessment and discovery to root case analysis, damages analysis and expert testimony.

Disputes Arising From Regulatory Issues

Governments throughout Europe have incentivised the deployment of renewable energy infrastructure with some form of subsidy. Subsequent changes to those incentive schemes have altered financial returns to investors, in some cases significantly. In certain countries, where the changes have been applied to pre-existing investments, rather than simply to new investments, the regulatory changes have given rise to disputes (often on the basis of the Energy Charter Treaty). There is also a question over whether the original level of subsidies might have constituted illegal State Aid. FTI Consulting professionals are currently serving client investors in a number of these disputes dealing with retroactive regulatory changes, drawing on their expertise in economics and valuation, and their understanding of power markets, technology and clean energy regulation.

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