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 a well recognised route for resolving disputes – whether in respect of 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 for that dispute.

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 is experienced at acting as an expert determiner 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 25 years of expert determination experience across wide-ranging disputes, including:

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 national oil company about the cost-sharing provisions of the 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
An expert determination concerning the sale of a property management company and the closing balance sheet
A completion accounts dispute between two large UK retailers, where over 40 items worth £85 million – relating to fixed assets, stock, accruals and other items – were considered
A US$130 million expert determination in the oil and gas industry with over 100 items in dispute under USGAAP arising from the transfer of several international upstream, midstream and downstream companies from one European multinational corporation to another
Reasoned expert determination of the valuation of share capital in two companies encompassing a caravan park and holiday home business pursuant to a court order in a family shareholder dispute
Expert determination without reasons, which valued a minority shareholding in an insurance company
An expert determination pursuant to a court order covering a share valuation of an engineering firm supplying overseas markets
Determination under the Articles of Association for the Fair Price of a parcel of shares owned by shareholders exiting from a Fintech business

Get in touch

Let our forensic accounting experts help support you with your expert determination needs. Please contact Nicholas Good, Head of Commercial Disputes, or Chris Osborne, Partner today to find out more.