Enviro Petroleum Inc. v. Kondur Petroleum, S.A.

Analysis Group helped the defendant achieve a favorable decision in an environmental dispute that was arbitrated in the International Chamber of Commerce International Court of Arbitration. Enviro Petroleum, Inc. (Enviro) initiated arbitration against Kondur Petroleum, S.A., et al. (Kondur), alleging that Kondur failed to provide promised financing to build an oil refinery in Kazakhstan. Enviro claimed that it sustained substantial economic damage as a consequence of the failed financing.

Kondur's counsel, McKool Smith, retained Analysis Group Affiliate Robert Sherwin to provide analytical support in the arbitration brought by Enviro. Mr. Sherwin submitted, and then testified to, an expert analysis detailing the flawed and unrealistic assumptions underlying the damages model presented by Enviro's expert, and found that, because any estimation of damages would be speculative, the plaintiff's damages claim was unfounded. Based in part on Mr. Sherwin's expert testimony, the plaintiff was awarded $575,000, substantially less than the $85 million originally sought.