Our skilled expert determination specialists are highly sought after for resolution of private and confidential disputes.
We assist parties to resolve disputes efficiently, getting straight to the heart of the disputed issues, without the need to go through the Courts.
Expert determination is often used to resolve disputes arising from the sale and purchase of a business or shares, including adjustments to consideration based on completion accounts or earn-out statements. Our team’s experience from advising parties to SPAs pre-deal provides essential experience and understanding when it comes to resolving post-deal disputes.
Benefits to expert determination include:
- disputes requiring specialist knowledge are adjudicated by professionals from the relevant discipline acting as independent experts
- the process is confidential
- the process provides transparency to the participants, whereby all correspondence with the expert is shared with all parties
- in the majority of cases, the process involves only written submissions, responses to the expert's questions and the provision of documents following requests for information by the expert, making the approach more inquisitorial than is typical in litigation and arbitration
- when requested by the parties a clear explanation can be provided on the reasons for the decision, on an item-by-item basis
- an expert determination is binding for all parties. and thus provides certainty of outcome.
Our expert determiners have been appointed in a wide variety of disputes - from small matters to complex disputes. We have first-hand experience of how effective the expert determination process can be both from an expert determiner and party-appointed advisor perspective.
Senior Director, Fahn Kanne Consulting Ltd.Contact us