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.
We regularly provide expert testimony in disputes involving the valuation of businesses, projects and products. We have valuation experience in a range of dispute resolution forums including litigation, arbitration and expert determination.
We have acted in a diverse range of cases involving valuation including post transaction, commercial and shareholder disputes, and investment treaty cases. We have experience in analysing, modelling and valuing businesses in a variety of complex situations and in diverse industries and regions. We also regularly provide sensitivity and scenario analysis as part of matters
We adapt the scope of work and the methodologies applied to match the context of the case and issues in contention. Our in-depth knowledge and understanding of current issues in valuation practice and cost of capital analysis, mean that we can provide clear and reliable advice and opinions. We collaborate with other (industry and economic) experts to ensure coherence of the valuation aspects of the case and the development of a robust opinion.
Examples of our recent work include:
- Advising on the value of the minority shareholding of a UK hotel group in litigation for unfair prejudice.
- Gave evidence on behalf of the Claimants in a SCC arbitration relating to a diminution of value of an oil and gas company caused by the breach of a shareholder agreement.
- Valuing a put option in an expert determination under appointment as the expert under the ICAEW President’s Appointment Scheme.
- Valuation of a company in the CIS steel sector as part of a breach of warranty claim.
If you would like to find out more about our experience in valuation disputes, please contact any of our partners.