Communicating around a landmark international arbitration
Sector: Utilities; Energy
Services: Strategic communications: Litigation support
A leading European energy company was in dispute with a contractor over the build of a new power station. The project had been beset by delays and cost over-runs, and litigation by the parties involved had been running for some time. Given the longstanding nature of the case, there was a keen interest from the media as well as from political stakeholders both in the UK, Brussels and the wider EU. There was a need for clear and consistent messaging to be communicated to a wide range of stakeholders. With the highly charged and political nature of the situation there was a need to ensure that the discussion around the case remained fair and impartial – and that political considerations were not able to influence the final ruling. A final objective was to encourage all parties to come to a settlement agreement, in order to ensure that future work was completed as quickly, safely and efficiently as possible.
To ensure that the narrative around the case was consistently communicated, and that stakeholders were appraised, two communications tactics were utilised. First, a detailed media relations and briefing programme was utilised to ensure that journalists and influencers had the latest up to date information regarding the case, and were made aware of the broader context around it. Second, a wide ranging public affairs and policy programme was implemented – building a cadre of supporters and advocates who would be prepared to step in to offer public support. An additional development, complicating the case, was that a merger between two of the involved parties threatened to politicise the case even more so, and this element was also considered when conducting political outreach. In both instances, the communications function worked seamlessly with the legal function to ensure that necessary rules governing communications were followed.
The parties came to a successful and amicable settlement, that ensured the project would be completed within an updated timeframe, and that there would be an amicable ongoing relationship between the parties (which was critical for future maintenance and repair work). Effective communications was seen as critical to shaping the public environment, making the settlement politically feasible.