Disputes Intelligence & Factual Reconstruction
A legal position may be clear while the factual record remains incomplete or the route to recovery uncertain. Periplus reconstructs conduct, tests competing accounts and assesses the conditions that determine whether an agreement, award or settlement will hold. The work supports legal teams and their clients principally in commercial and investor-State disputes, and selectively in inter-State, boundary, treaty and law of the sea matters.
Scope of work
Factual reconstruction
Reconstructing events across institutions and jurisdictions; identifying witnesses and records; and testing the accounts on which a claim or defence depends. Collection examines evidence that may support, qualify or contradict the proposed account.
Sovereign conduct and attribution
Establishing who initiated or implemented a measure, how instructions moved between institutions, and the part played by state enterprises or other actors. The factual work informs the legal team's assessment of attribution and State responsibility.
Sovereign debt and restructuring
Government priorities, institutional authority and the interests affecting a restructuring or settlement, and the practical conditions under which an undertaking may be agreed and performed.
Settlement intelligence
Independent assessment of the parties' incentives, political constraints and authority to agree, including the distance between public positions and private assessments. Findings inform negotiation and mediation strategy and the assessment of a settlement's durability.
Recovery prospects
Assessing recovery prospects before a claim is acquired, funded or pursued, and as the matter develops. In-country reporting on asset ownership, control, commercial use and the conduct of governments and counterparties informs the legal team’s assessment of enforcement routes.
Instruction and delivery
Outputs may include factual chronologies and corroboration notes for legal teams, collectability assessments, or confidential briefings for strategy and settlement. Expert reports and testimony are separately instructed.
Instructions most often concern ICSID arbitration; arbitration under the LCIA, ICC, SCC, SIAC, HKIAC and DIAC Rules; ad hoc arbitration under the UNCITRAL Rules; and litigation before the English and US courts. Instructions may also concern proceedings before the ICJ and ITLOS. Contentious assignments follow the procedural timetable.
Intended use is agreed before collection begins. Intelligence for strategy is distinguished from material developed for possible evidential use. Where findings may be developed for that purpose, Periplus works with the legal team on the further corroboration, records and witness arrangements required, with provenance and source permissions addressed throughout. Assignments instructed through the client’s legal team are structured to preserve any applicable privilege.
Where the client needs support carrying a settlement approach forward, Strategic Advisory & Engagement provides separately agreed preparation and support for negotiation and mediation.
Selected mandates
These examples draw on the experience behind Periplus, including engagements predating the firm's establishment.
Cross-Border Concession Liability
Reconstruction for legal teams of how infrastructure concessions had been secured across several jurisdictions, producing material structured for use in proceedings.
Banking Litigation Reconstruction
Pre-trial examination of a key witness's background and affiliations, informing counsel's assessment of the account and preparation for cross-examination.
Maritime Asset Recovery
Investigation of concealed oil shipments and discrepancies in cargo records, supporting lawyers pursuing asset recovery and examining potential fraudulent transfers.
Mining Capital Tracing
Tracing the origins and movement of capital behind an investment fund and its mining interests, supporting lawyers pursuing recovery proceedings.
Pipeline Transit and Recovery
Assessment of control over an oil export corridor and its proceeds, identifying potential recovery routes through transit arrangements and offshore offtake.
“Periplus established the facts behind the state’s position, including who had driven the decision and how it moved through government. It changed our case and settlement strategy.”
