Carlos Pabon-Agudelo is a seasoned economist with over 25 years of comprehensive experience in the power, natural gas, oil, roads, mining, and other infrastructure subsectors, specialising in economic utility regulation, economic and financial damages assessment in complex international arbitrations, market restructuring, and commercial and financing strategies. Skilled in economic expert witness services, economic contract analysis, infrastructure restructuring, regulatory reforms, liability and damages assessment, economic policy analysis, project management, and corporate finance. Proficient in Spanish, English, Portuguese, and French.

What is the most fulfilling part of being an economic expert for commercial arbitrations?

As a regulatory economist with expertise in arbitrations, the rewarding part of my job is applying my knowledge and contributing to resolving complex economic disputes. I find a sense of satisfaction in conducting analyses examining economic and financial data and offering expert opinions that help parties understand the intricacies of their case from an economic standpoint. Presenting arguments, testifying as a witness, and aiding the tribunal in achieving a fair resolution all give me a profound feeling of accomplishment. It's incredibly fulfilling to know that my work plays a role in shaping the outcomes of high-stakes arbitrations and providing support for complex legal arguments.

How do you adapt your economic assessment to account for changes in regulatory frameworks?

As someone who specialises in economics and damage analysis, I understand the importance of regulatory frameworks and their potential impact on economic evaluations. When confronted with changes, I adjust my approach by staying updated on the evolving regulations, thoroughly analysing their implications on the case, and appropriately modifying the economic assessment. This requires research, examination of transitional provisions, understanding the underlying intentions driving regulatory adjustments, and integrating these factors into the economic analysis. By adapting to the changing environment, I ensure that my economic assessments accurately capture the current framework and provide reliable insights to support the arbitration process.

What qualities do you think are paramount for delivering successful expert testimony before an arbitral tribunal?

When it comes to providing expert testimony in front of a tribunal there are a few important qualities to consider. First, it is vital to have an understanding and expertise in the subject matter at hand. This ensures that the analysis provided is accurate and credible. Additionally, strong communication skills are necessary to convey ideas concisely and effectively. Being objective and independent is also crucial as it helps maintain credibility and impartiality throughout the testimony. Lastly, the ability to handle cross-examinations and present persuasive arguments plays a role in persuading a tribunal for an effective decision. A successful economic expert witness should inspire confidence in the tribunal through his expertise, credibility, and persuasive communication skills.

In your view, what nuances make investor-state arbitrations particularly challenging?

Investor-state arbitrations present unique challenges for economic and damages experts due to complexities such as assessing the causal link between state actions and damages, uncertain valuation of investments, navigating multiple legal frameworks, political considerations, limited and varying data availability, technical expertise requirements, differing standards across tribunals, and the need to balance economic analysis with legal principles. Tackling these challenges requires economic expertise, objectivity, meticulous methodologies, and effective communication to provide reliable economic insights.

Has your experience providing strategic advisory services to regulators and corporations around the world reshaped your dispute resolution approach?

Yes, it has significantly influenced my approach to international arbitrations. Working closely with regulators and corporations has given me a comprehensive understanding of the intricacies involved in regulatory decision-making, policy development, and business challenges. This knowledge has allowed me to adopt a holistic perspective when assessing damages, considering the broader economic and regulatory context. It has enhanced my ability to analyse the impact of regulatory actions on investments, identify causation, and develop robust economic arguments. Additionally, my exposure to diverse regulatory environments has sharpened my skills in adapting methodologies and approaches to meet the specific requirements of each arbitration case.

What has been your most memorable case to date?

A power plant construction project where I provided expert reports and testimony. The case centered around a construction delay claim and associated market penalties. My team and I assessed the economic validity of the claim from a regulatory perspective and demonstrated that the economic and commercial decisions made by the plant operator led not only to the imposition of market penalties but also to an increase in their magnitude. I opined that the decisions of the operator were made in a complex regulatory environment and driven by its own risk profile and that those choices were not required by market economics or the technical limitations of the plant. We won the case!

How does Infrastructure Economic Consulting LLC (InfraEcon) distinguish itself from competitors?

Our economic consulting boutique sets itself apart in different ways. First, we have a focus on industries such as power, natural gas, oil, roads, mining, and airports. This allows us to offer expertise and customised solutions for damages analysis in those sectors. Second, we prioritise personalised client interactions with communication and a genuine effort to understand their needs and objectives. Third, our fees are competitive, reflecting the value we deliver. Lastly, our reputation rests on our commitment to delivering high-quality work, driven by our industry knowledge, understanding of economics, and the use of advanced techniques to assess damages accurately. This ensures comprehensive analyses in all the cases we undertake.

What is the best piece of professional advice you have received and how have you integrated it within your practice?

The best professional advice I received was always to develop sector expertise, provide rigorous analyses, knowing thoroughly the case and integrity. I have integrated this advice into my practice by conducting detailed research, employing robust methodologies, and ensuring a deep understanding of the intricacies of each case. Upholding the highest standards of integrity and continuously expanding my expertise has been foundational to providing reliable and accurate economic and damages assessments, ultimately delivering the best possible outcomes for clients in complex arbitration proceedings.