Dumler and Partners represented a foreign technology equipment supplier in a dispute with a major Russian refinery. The claimant (the refinery) claimed damages based on alleged defects in the delivered equipment.
This case required us to immerse ourselves in the technical and process aspects of the equipment, its commissioning and subsequent operation. An expert examination found that the equipment breakdown was caused not by defects, but by failure to follow the operating procedures. The case was complicated by the fact that the claimant blocked physical access to the equipment.
When it dismissed all of the claimant’s claims, the panel of arbitrators stated that no causal link between the damages claimed and our client’s alleged default had been proven. The panel of arbitrators also awarded arbitration costs.