We are independent experts entrusted with complex matters.
We have been involved in numerous major arbitration matters arising from construction and major project disputes, as well as contractual, joint-venture and intellectual property (IP) disputes resolved through domestic and international arbitral bodies. With one of the largest and most experienced groups of expert witnesses in Australia and the Asia-Pacific region, clients rely on us to provide clarity around the relevant facts and issues, bringing structure to these often-overwhelming situations.
How we can help you.
We provide expert input concerning the analysis or monetisation of a claim.
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Chaos is costly in large-scale, complex projects. When claims and disputes arise or investigations are required, we provide clarity. Our specialists quantify costs, clarify rates and other detail underlying claims and examine the facts behind fraud and corruption allegations.
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Working with clients and legal specialists, we analyse liability and quantum related to contract breaches or joint-venture failures. We provide valuation of businesses, shares and other equity, including projected future cash flows or earnings, and quantification of loss or damages.
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Our experts evaluate IP damages for arbitration disputes, including patent, trademark and copyright infringements and breach of technology agreements. We provide valuation of IP assets and any lost revenue and conduct cross-border investigations involving IP infringement and theft.
Our experience
We bring an evidence-based approach to our work with a strong emphasis on action and results.
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Cost verification
We were engaged to verify the extent and nature of costs (alleged at over $2 billion) incurred for a major marine construction project in Western Australia. Using a robust sampling methodology, we focused on significant suppliers and amounts charged by related entities to verify costs and assess the extent to which, if any, there were uplifts and other allocations in those costs. We provided expert reports, joint reports and expert witness testimony during arbitral proceedings.
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International products dispute
KordaMentha’s forensic services were sought in a consumer products industry matter referred to the International Chamber of Commerce (ICC). The dispute arose from the termination of a Master Franchise Agreement awarded by an Australian entity to a Chinese entity covering most major territories in China. We prepared expert reports and a Joint Expert Statement responding to the claimant’s expert reports on damages. The partner involved provided oral evidence at the hearing in London before a three-member arbitral panel.
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License agreement breach
KordaMentha was engaged to provide expert witness services in relation to a loss of profit claim which resulted from the alleged breach of an exclusive manufacturing license agreement. The agreement was between manufacturers based in Europe and China and related to the production of aircraft. The partner involved provided expert reports in response to the applicant’s claim for damages and oral testimony (via video link) in ICC international arbitral proceedings seated in Singapore.
KordaMentha gave a strong and polished performance in delivering complex technical evidence (both written and oral) in a set of high-value private arbitrations.
