Expert determination

Where disputes are resolved through expert determination, the experience and judgement of those supporting you can have a material impact on the outcome.

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Expert determination is often the chosen route where value is in dispute – whether in completion accounts or earnout calculations following M&A, in shareholder disputes over share valuations, or disputes between parties in joint ventures.

Where parties have agreed to resolve their dispute through expert determination, S&W can act as the determiner.

We can also assist parties in framing their arguments and, if required, drafting submissions to the appointed expert determiner.

How we can help

Our specialist team have experience acting as expert determiners in the following types of disputes:

Post-closing disputes

For example, those concerning completion accounts and working capital adjustments under share purchase agreements
Earn-out disputes

Typically disputes that arise one or more years post-closing
Operational determinations

For example, the allocation of costs in accordance with joint operating agreements
Valuation disputes

For example, in a dispute involving the buyout of a minority shareholder

An established track record

S&W’s team has more than 20 years of expert determination experience across wide-ranging disputes, including:

A €50 million closing balance sheet dispute considering the valuation of stock (inventory)
A closing balance sheet dispute following the sale of a property management company
A €60 million closing balance sheet dispute concerning the classification of fixed assets following the sale of a major data centre company
A profit-based earn-out dispute in the software development industry
A revenue-based earn-out dispute in the software industry
A revenue-based earn-out dispute in the fund management sector
An earn out dispute under a share purchase agreement
A dispute between an oil major and a national oil company about the cost-sharing provisions of a joint operating agreement for certain categories of cost
A decision on the split of assets in the dissolution of a substantial infrastructure joint venture to achieve a contractually pre-determined split of value
Valuing (without reasons) a minority shareholding in an insurance company
Valuing (pursuant to a court order) the shares of an engineering firm supplying overseas markets
Assessing (under the articles of association) the fair price of a parcel of shares owned by exiting shareholders

Get in touch

Let our forensic accounting experts help support you with your expert determination needs. Get in contact with Nicholas Good, Head of Disputes, or Chris Osborne, Co-Head of Forensic Services, today to find out more.