Australia
Marston provided technical support to the client in negotiation, mediation, arbitration, and litigation of several coal contract issues with major coal suppliers.  Marston provided expert reports and affidavits regarding coal quality, costs, and coal market issues.  The client has attained the lowest coal supply cost in New South Wales.

Canada
Marston personnel served as expert witnesses providing technical support to the client during international arbitration proceedings with the coal buyer.  The arbitration concerned a price reopener for a 5 million tonne per year long term metallurgical coal supply contract.  This was a major arbitration which took place over a period of two years.  The arbitration process came to completion and a judgment was produced by the arbitration panel.  The judgment was considered to be favorable to Marston’s client.  A price was set which was significantly above world market price.

Expert witness in an arbitration related to a long-term coal loading services agreement.  Reported on profitability of port and coal mines, export thermal coal markets and mines in Australia, Canada, Indonesia and South Africa.

United States
Marston computerized geologic and quality models and mine plans, productions schedules were used in preparation for the arbitration.  Marston provided testimony regarding the adequacy of geologic data, mine plans and sulfur compliance capability.  This arbitration was settled prior to completion of the arbitration process.

Marston provided expert testimony on mine planning, operations and economics.  The arbitration process came to completion and a judgment was produced by the arbitration panel.  The arbitration panel awarded a significant reduction in fuel price in favor of Marston’s client.

Marston provided technical assistance to the client in a review of mine planning and coal quality contractual issues.  This included a review of prior and future operations.  The arbitration was settled with a favorable outcome to Marston’s client.

Expert Witness in a dispute involving diligent mining of coal reserves.  Reported and testified on coal reserve estimates, mine plans, and prudent mining practices.

Provided independent professional assessment of the impact of mining activities.

Marston provided technical assistance to the law firm retained by the plaintiff in assisting their client in a civil litigation case involving longwall mining equipment, and the diligent mine operating and maintenance practices thereof.  The case was resolved in favor of Marston’s client prior to going to trial.

Marston provided technical expert advice to the law firm retained by the defendant in a civil litigation case involving personal injury to the plaintiff.  Marston offered technical advice and expertise to the defendant’s legal team regarding the proper operational and maintenance practices of longwall mining equipment.  In part because of this advice, the case was settled with the plaintiff prior to coming to trial.

Marston provided an expert witness report to the client in an arbitration case pertaining to a lost coal claim between the client and the mine operator.  Marston developed a reasonable and economic mine plan for the amount of lost coal that increased the value of the claim by 63%.  The case is still pending to be heard before the arbitration panel.

Marston provided extensive technical support and expert witness testimony related to numerous coal supply issues and investigated conflicting claims regarding:

• Productivity assumptions versus actual productivity achieved.

• Geologic and geotechnical factors influencing total production and productivity

• Prudent staffing levels throughout the mining operation

• Impacts of age, size and other factors on staffing and productivity

Provided expert witness testimony on quarry mining operations and exploration, permitting and development aspects on a multi-million ton per year surface mine.

Reviewed historical records of 17-year old mining operation including land, geology, surface and groundwater hydrology, baseline environmental studies, permit documents and postmine reclamation of this surface mining operation, which supplies lignite as fuel for an on-site power generating facility.  Produced assessment of the status of reclamation and compliance with state and federal regulatory agencies requirements.