ARBITRATION AND EXPERT DETERMINATION

Appointed to resolve M&A, shareholder, partnership and other complex business disputes

Uniquely, as a leading firm of insolvency practitioners and forensic accountants, we are also skilled and experienced providers of Arbitration and Expert Determination dispute resolution services. Typical appointments are in relation to M&A (company/business sale), shareholder, partnership and other complex business disputes.

Arbitration and Expert Determination are Alternative Dispute Resolution (“ADR”) procedures. Parties can agree to employ these procedures to resolve their disputes confidentially, and without the formalities of court based litigation. In both, the process is designed in consultation with the parties to suit their requirements and the subject complexities.

Arbitration

Arbitration offers binding resolution of disputes. This is subject to the prevailing arbitration law and any agreed procedural rules. Usually we are engaged to resolve disputes relating to:

  • 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

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

Appointment

Our Arbitration and Expert Determination services are led by CVR Partner, Daniel Djanogly FCA FCIArb, CArb. My Djanogly has been in practice as a forensic accountant expert witness since 1993, and is qualified and extensively experienced Chartered Arbitrator and Expert Determiner. He accepts appointments 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.

Please note, in view of the neutrality of the role of Arbitrator or Expert Determiner, all correspondence will be on a disclosable basis.