Dumler and Partners represented a major company from the Republic of Kazakhstan in an ICC arbitration under Swiss law. The dispute arose out of an innovative renewable energy project in Kazakhstan. The project involved the transfer of a number of industrial technologies and know-how from France to Kazakhstan. The French contractor brought claims for more than EUR 10 million in payment for work and services and payment of damages.
The case took 4.5 years and was complicated by the French contractor’s attempt to involve another entity that was not a party to the arbitration agreement in the proceedings. In January 2023 the Tribunal rejected 92% of the French contractor’s claims.
The case included:
- Twelve separate contract sections, including technology transfer, business model development, implementing an information system (ERP) for the group of companies, implementing a quality system, etc.
- Three manufacturing facilities.
- More than 2,000 documents.
- Twelve fact witnesses.
- Five technology and economics experts.
Dumler and Partners acted as lead counsel throughout the arbitration, including at hearings, and coordinated the work of the Kazakh and Swiss lawyers.