How PCERA Works Across Industries


Project Infrastructure


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common feature of disputes in relation to the construction or operation of project infrastructure, especially in the context of hard rock mining projects, is the volume of material, especially of a technical nature, that needs to be marshalled and developed. The application of the PCERA Principles by an experienced arbitrator can do much to streamline the process, limit unnecessary and prolonged disputes about discovery, and facilitate the efficient exchange of views from experts.

 

The approach that PCERA takes is to consider each project dispute by reference to the breadth of the issues and the amounts at stake. Many would be familiar with what often seems like the many millions of documents that are often reviewed and produced at a hearing when, ultimately, a case may turn on only a few lever arch volumes of materials, or even a mere handful of documents. An experienced arbitrator and the effective application of the PCERA Principles will render such an event unlikely and unwelcome.

Commodities and Shipping


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here is a significant body of learning attached to matters involving shipping and international trade law. There is both a plethora of industry terms as well as a great deal of industry knowledge that must be borne in mind when assessing the issues to be determined. PCERA recognises the value to be derived from having persons equipped with both terminology and practice when it comes to resolving disputes in the area of shipping and commodities involving the energy and resources industry. It is these persons that will form the panel available to be appointed.

Joint Ventures


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oint ventures give rise to particular considerations when it comes to dispute resolution, if the parties are to continue in their relationship. In this regard, the use of a fast, facilitative, and less traditional approach may lead to better outcomes. This is where the Collaborative Expert Resolution process may be of particular value.

 

The venturers may, through the use of their selected expert, enable the full ventilation of issues without disrupting their relationship at the operational level. Alternatively, a joint venture dispute may be the subject of resolution through arbitration, where, with the benefit of expert arbitrators with established credentials in assessing joint ventures, the parties may proceed to the real issue and lead to a resolution promptly and effectively.

Gas Pricing


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CERA has on its Board and its Advisory Committee persons who have a deep understanding of gas pricing disputes. Further, members of the panel of arbitrators have an established reputation for dealing with disputes in the oil gas industry. Such disputes, if not handled appropriately, can take much time and involve considerable expense.

 

The application of the PCERA principles by a leading tribunal will result in a sensible decision, efficiently made. An alternate avenue, given the consequences and amounts in issue in such disputes, may be to deploy the Consultative Expert Resolution process. An efficient approach to the management of such disputes may involve the delivery of documents with points of claim, clarifications or limitations on the extent of discovery including discovery from third parties, and methods for the effective elicitation of expert evidence.
The Secretariat
Address: PO Box C122, Perth, WA 6839
Telephone: +61 (0)8 9220 0588
Email: thesecretary@pcera.org