EXPERT DETERMINATION AND ARBITRATION

We are skilled and recognised for our experience in the resolution of business disputes by expert determination or arbitration.

We resolve business related disputes and issues by expert determination or arbitration. These are Alternative Dispute Resolution (“ADR”) procedures which disputing parties can agree to employ. They are ordinarily confidential, and do not involve the rigid formalities of court based litigation. In both, the process is designed in consultation with the parties to suit their requirements and the subject complexities.

Expert Determination

In an expert determination, the parties agree that the decision of the appointed expert is final and binding on them. Typically, we are asked to determine “technical” issues in connection with, for example:

  • Completion Accounts in connection with a sale and purchase agreement (“SPA”) of a company
  • Deferred consideration payable pursuant to an SPA
  • The value of the shareholding of a group of shareholders following a “parting of the ways”
  • The allocation of turnover, costs or profits in connection with a joint venture agreement

Arbitration

Arbitration offers parties similar binding resolution of their disputes. This is subject to the prevailing arbitration law and any agreed procedural rules. Ordinarily, our powers are founded in the Arbitration Act 1996 and subject to which we may engage legal and other experts to assist. We are typically engaged to provide arbitration services to resolve disputes involving:

  • The compensation payable for loss of profits and other financial losses
  • The calculation of deferred consideration payable pursuant to a sale and purchase agreement of a company
  • The calculation of consideration payable subject to the complex provisions of a contract to supply products and/ or services
  • The allocation of turnover, costs or profits in connection with a joint venture agreement
  • The profit share and final capital account balances of partners in a partnership

Appointment

Our Expert Determination and Arbitration Services are led by CVR Partner, Daniel Djanogly FCA FCIArb, CArb. Daniel has been in practice as a forensic accountant expert adviser and expert witness since 1993, and is qualified and extensively experienced as both an Expert Determiner and a Chartered Arbitrator. We accept appointments as neutral dispute resolver, directly from the parties in dispute, or from appointing authorities including the ICAEW, CIArb and LCIA.

For further information please contact Daniel Djanogly at ddjanogly@cvr.global.