Expert determination

Expert determination is an alternative method of dispute resolution, which avoids the Courts and is an established feature of the process for resolving disputes in an M&A context.

If the parties have agreed to resolve their dispute through expert determination, then we can act as the determiner for that dispute.

We have experience of acting as expert determiners in the following types of disputes:

Post-closing disputes: for example, those concerning working capital adjustments under share purchase agreements
Earn-out disputes: disputes which typically arise one or more years post-closing
Operational determinations: for example, considering the allocation of costs in accordance with joint operating agreements
Valuation disputes: for example, in a dispute involving the buyout of a minority shareholder

We have a significant track record of acting as expert determiners for over 20 years.

Acted as an expert determiner in a €50 million closing balance sheet dispute considering the valuation of stock (inventory) under IFRS
Acted as an expert determiner in a profit-based earn-out dispute in the software development industry (UK GAAP)
Acted as an expert determiner to decide a dispute between an oil major and a NOC about the cost-sharing provisions of the JOA for certain categories of cost
Acted as an expert determiner to decide on the split of assets in the dissolution of a substantial infrastructure joint venture to achieve a contractually pre-determined split of value