Expert determination

Expert determination is an alternative method of dispute resolution that avoids the courts. It is often used for resolving M&A disputes because it can be quicker, more cost-efficient and confidential.
Where parties have agreed to resolve their dispute through expert determination, we can act as the determiner for that dispute.
How we can help
Our specialist team is experienced at acting as an expert determiner in the following types of disputes:
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Post-closing disputes
For example, those concerning working capital adjustments under share purchase agreements
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Earn-out disputes
Disputes which typically arise one or more years post-closing
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Operational determinations
For example, considering the allocation of costs in accordance with joint operating agreements
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Valuation disputes
For example, in a dispute involving the buyout of a minority shareholder
Our track record
We have more than 20 years’ experience across wide-ranging disputes, including acting as expert determiners in:
- A €50 million closing balance sheet dispute considering the valuation of stock (inventory) under IFRS
- A profit-based earn-out dispute in the software development industry (UK GAAP)
- A dispute between an oil major and a NOC about the cost-sharing provisions of the JOA 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
Get in touch
Let our forensic accounting experts help support you with your expert determination needs. Get into contact with Nicholas Good, Head of Commercial Disputes, today to find out more.