Energy Market Expertise for Complex Disputes
When commercially significant disputes require in-depth energy market expertise, BET supports law firms, companies in the energy sector and energy-intensive industries, as well as financial investors, as an expert and expert witness. We analyse and quantify economic impacts, develop robust energy market arguments, prepare expert reports and support our clients from the initial technical and economic assessment through to arbitration or court hearings.
Our Expertise in Energy-Related Disputes
Energy Trading and Contracts
BET has extensive experience with complex energy procurement, supply and usage agreements, particularly:
- Long-term gas supply contracts (LTCs)
- Gas storage agreements
- Hydrogen supply agreements
- Electricity supply agreements and power purchase agreements (PPAs)
- Steam and heat supply agreements
- Other supply and service agreements related to energy trading
Energy Assets and Business Models
Technical, market-related and contractual issues also come into play when it comes to new assets and business models. BET has experience in this area, including with disputes relating to:
- Battery energy storage systems (BESS)
- Virtual power plants (VPPs)
- Grid connection requests
Transactions and Investments
In corporate transactions, energy market assumptions, valuations or circumstances may become the subject of disputes even after a transaction has been completed.
BET combines in-depth energy market knowledge with experience in corporate transactions and due diligence processes.
How BET Supports Clients as an Energy Market Expert and Expert Witness
Depending on the circumstances, BET provides support on specific issues or throughout several stages of a dispute.
We work closely with our clients and their legal advisers to ensure that energy market analyses are consistently aligned with the legal arguments.
Analysing the Facts and Energy Market Environment
We examine relevant market conditions, regulatory frameworks and economic relationships, including how these evolve over time. Comparing conditions at different points in time often provides the basis for identifying changes in market circumstances beyond the parties' control. We also develop and assess potential compromise solutions for commercial negotiations.
Quantifying Economic Impacts
We assess market and price developments, among other factors, and determine their implications for contractual relationships or the matters under consideration. We calculate economic effects and quantify damages, using our proprietary market models and valuation tools where appropriate.
Developing Energy Market Arguments and Substantiating Claims
Based on our analyses, we work with our clients and their legal advisers to develop and substantiate energy market positions and claims in a transparent and consistent manner.
Reviewing Opposing Parties' Claims and Arguments
We analyse claims, valuations and expert reports submitted by opposing parties and examine the underlying assumptions, methodologies and findings from an energy market perspective.
Preparing Energy Market Expert Reports
We consolidate our technical, economic and quantitative analyses into independent energy market expert reports, presenting complex relationships clearly and transparently.
Providing Support During Hearings
Where disputes proceed to arbitration or litigation, we also present and defend our expert findings during oral hearings.
Warum BET
In-Depth Understanding of the Energy Sector
BET combines many years of consulting experience with comprehensive expertise across the energy value chain.
Quantitative Analysis and Modelling Expertise
To assess economic impacts, market values and damages, we combine energy market analysis with our proprietary energy market models and valuation tools.
Extensive Experience in Expert Reports and Dispute Proceedings
For more than 20 years, BET has supported clients in national and international energy-related disputes, acting as an expert and expert witness in more than 30 proceedings, predominantly arbitration cases. Our experience includes arbitration proceedings under DIS, ICC and UNCITRAL rules, as well as litigation before national courts and proceedings extending to the Court of Justice of the European Union.
Independence
Our assessments are based on our professional judgement and the practical experience of our energy market experts. We represent clients across different market roles and of varying sizes, placing particular emphasis on independent, transparent and well-substantiated analyses.
Who We Work With
Law Firms
We support law firms whenever legal matters require robust energy market analysis and quantification. We present our findings in a way that enables them to be consistently integrated into the legal arguments.
Energy Companies and Energy-Intensive Industries
We help companies assess their economic position in complex disputes, quantify claims and risks, and establish reliable foundations for decision-making – from long-term contracts to new energy assets and business models.
Financial Investors
In disputes arising from corporate transactions and investments, we combine energy market expertise with experience gained from transaction advisory and due diligence projects.
“BET and BDR have successfully worked together on several occasions. BET's energy market expertise is impressive, and their professional and constructive approach enables BDR to seamlessly integrate BET's energy market findings into our contractual, energy law and arbitration-related arguments. On a personal level, working together is also a great pleasure!”
Dr. Daniel Busse
Partner at Busse Disputes Rechtsanwaltsgesellschaft mbH
FAQs
When should BET be involved in an energy-related dispute?
An early assessment can be valuable even before it becomes clear whether a dispute will lead to arbitration or litigation. BET helps clients reliably assess economic relationships, potential claims and their implications.
What role does BET play in arbitration and court proceedings?
Depending on the circumstances, we analyse and quantify economic relationships, develop and substantiate positions and claims, review opposing expert reports, prepare energy market expert reports and present our findings during oral hearings.
Does BET work directly with law firms?
Yes. We work closely with legal advisers, integrating energy market analysis and assessment into a consistent overall line of argument.
Can BET provide support before formal proceedings begin?
Yes. Our services include assessing claims, evaluating economic impacts and analysing potential commercial solutions.
Can BET review claims and expert reports submitted by opposing parties?
Yes. We examine the underlying energy market assumptions, methodologies and findings in claims, valuations and expert reports submitted by opposing parties.
What types of quantitative analysis can BET perform?
Depending on the dispute, we analyse market and price developments, economic impacts and the extent of damages, using our proprietary energy market models and valuation tools where appropriate.
What experience does BET have in arbitration proceedings?
Arbitration proceedings form the main focus of our more than 20 years of experience in national and international energy-related disputes.
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