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Commercial & Contractual

There are many ways in which we can contribute to the successful resolution of a dispute

When a dispute first arises, it is easy to get locked in to the subjective details of the dispute and lose sight of the eventual destination, whether that be a negotiated resolution (and potentially a continuing commercial relationship) or a decision imposed by a tribunal.  At that early stage, we can provide an objective and independent early assessment of loss, so that you can plan your approach to the dispute more confidently.

Later on, whether or not formal proceedings are under way, we can support you on aspects of the negotiation process.  There is no clear-cut formula for the input that might be needed, and we are happy to be flexible in tailoring our work.  You might need, for example, a paper on loss which can be shown to the other party, or an objective explanation of the financial impact of certain transactions.  With our experience of negotiation and mediation strategy, we can support you through this process.

In the context of formal proceedings, whether they are in Court or before an international arbitration tribunal, we provide expert evidence in three broad areas:

  • The quantification of damages, whether as specific losses or through a business valuation;
  • Financial issues that are relevant to liability and causation; and
  • Providing an objective interpretation and understanding of relevant financial and accounting matters.

Our services are not limited to the parties involved in a dispute: we also accept appointments to tribunals, as arbitrator or as tribunal expert.  And we provide alternative dispute resolution services, as expert determiner or as mediator.

Commercial & Contractual

In court or before international arbitration tribunals, we provide evidence on the quantification of damages (whether as specific losses or through business valuation), financial issues relevant to liability and causation and objective interpretation and understanding of relevant financial and accounting matters.

We also have extensive experience of providing objective and independent early assessment of loss, and assisting clients on ongoing matters by acting as shadow experts.

We have advised on commercial and contractual disputes across a wide range of industries, including financial services, energy and resources, construction, shipping and transportation, and technology, in both the UK and overseas courts and under international arbitration tribunals.

We have worked on and are currently working on a wide variety of commercial and contractual claims including:

  • Instructed to reviewing the legitimacy of dividend distributions for our client in proceedings in the High Court.
  • Assessment of the loss of profits for a haulage information company resulting from a failed supply of software to operate a database critical to the business.
  • Acted for the respondent in an ICC arbitration pertaining to a series of sale and purchase agreements in the gas industry.
  • Quantified the alleged loss of income for an Eastern European bank as a result of changes in implemented legislation.

If you would like to find out more about our experience in commercial and contractual disputes, please contact any of our partners.