Commercial Arbitration and Expert Determination

The BTG Commercial Arbitration Forum, within BTG Advisory (part of the Begbies Traynor Group), provides arbitration and expert determination ADR tribunals (sole-arbitrator or Expert) and procedures for the binding resolution of commercial disputes

Typical appointments are in relation to high-value M&A (company/business sale), shareholder, partnership and other complex business disputes.

The scope of the Forum includes legal matters through to quantum, and particularly accounting, financial and share valuation issues, and financial damages.

What is arbitration and what is expert determination?

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 and costs of court-based litigation. In both, the process is designed in consultation with the parties to suit their requirements and the subject complexities.

The written agreement to use these procedures in the event of a prescribed dispute may be contained, for example, in a company’s Articles of Association, in a Shareholders’ Agreement, in a Joint Venture Agreement, in a company Share Purchase Agreement (“SPA”), or agreement between the parties after the subject dispute has arisen. In the latter case, parties interested in using arbitration or expert determination for their dispute are advised to obtain professional legal advice on the suitability of the procedure (there are a variety of ADR procedures) for their dispute and in the course of its conduct.

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Tribunal credentials

The Forum provides qualified and extensively experienced arbitration and expert determination tribunals. These credentials include:

• Chartered Arbitrator (CArb)
• Fellow of the Chartered Institute of Arbitrators (FCIArb)
• Panel Appointment Certificate of the Chartered Institute of Arbitrators (President’s Panel)
• Qualified Expert Determiner (The Academy of Experts)
• Appointed by the President of the ICAEW (President’s Nomination Scheme)
• Fellow of the ICAEW (FCA)
• Full Member of The Academy of Experts (MAE)  

Industry and issue experience

We have wide-ranging industry sector experience. In consultation with the parties, we introduce, if required, expertise in other discipline available within the Begbies Traynor Group. This includes, for example, commercial property valuation (Eddisons), commercial insurance brokerage, corporate finance, and insolvency.  

Examples of the detailed issues dealt with include:

• Allocation of turnover, costs or profits in connection with a joint venture agreement
• Pricing, or consideration payable, subject to the provisions of a contract to supply products and/or services
• Completion accounts and deferred consideration payable (purchase price adjustment) pursuant to a share purchase agreement (SPA)
• Compensation payable for loss of profits and other financial losses
• Valuation of a shareholding in a contested valuation under Articles of Association and/ or a Shareholders’ Agreement, or otherwise in a shareholder dispute
• Profit share and/or final capital account balances in a partnership dispute

Appointing the tribunal

Our tribunals accept appointments directly from the parties in dispute, or from appointing authorities including the ICAEW, CIArb and LCIA. Appointments are also made under Statutory Arbitration (including the Water Industry Act and the Commercial Rents (Coronavirus) Act.

Proceedings are conducted (including hearing and documents-only processes) under applicable institutional rules, or on an ad hoc basis. Hearings may be at locations agreed with the parties, and procedural meetings by telephone conference call. We are experienced in multi-party disputes.

No appointment fees

Unlike appointing institutions, the Forum does not charge fees for the making of tribunal appointments.

Furthermore, subject to availability we can use for hearing purposes the meeting room facilities available nationally within the Begbies Traynor Group if required and for which there would be no charge. Recording facilities and out- of pocket expenses associated with the provision of these rooms would be chargeable. Such expenses would be discussed with the parties and agreed in advance with them.

Our charges and engagement terms

We charge fees for the time spent at the agreed fee rate, and expenses incurred, on the matter, by the appointed tribunal, plus applicable VAT. Expenses may include third party meeting room hire, recording facilities, catering arrangements, travel and accommodation costs.  As above, such expenses would be discussed with the parties and agreed in advance with them.

Our appointments are accepted subject to agreement of engagement terms and conditions and completion of engagement formalities including conflict and KYC (Know Your Client) checks.

Contact

The Forum is led by Daniel Djanogly, Partner at BTG Advisory. Mr Djanogly is an extensively experienced and qualified Chartered Arbitrator, Expert Determiner and Forensic Accountant Expert Witness.

Contact Mr Djanogly should you be seeking to make an appointment of an arbitrator or expert determiner or wish to explore our services further. 

Please note, in view of the neutrality of the role of arbitrator or expert determiner, all correspondence will be on a disclosable basis.