The specialist team at BTG Advisory are experienced providers of Chartered Arbitrator services.
Here we talk to Daniel Djanogly, Chartered Arbitrator and forensic accountant, about arbitration and a case he recently concluded.
What is an arbitrator?
In outline, an arbitrator is a person appointed by the parties (including companies and partnerships) as a neutral dispute resolver to deliver a binding resolution of their dispute using an agreed self-designed process of arbitration and applying the rule of law.
How did you become an arbitrator?
After training I qualified, thus gaining a Fellowship, and have been experience-accredited (Chartered Arbitrator) by the Chartered Institute of Arbitrators “… an international centre of excellence for the practice and profession of alternative dispute resolution (ADR) …” (https://www.ciarb.org/about-us/). I have also succeeded in being granted the Panel Appointment Certificate for the Arbitration Panel of the Institute, which requires reapplying for renewal every three years.
So, you don’t need to be a lawyer to be an arbitrator?
No. This makes arbitration particularly attractive to parties who would prefer an arbitration tribunal that has direct expertise and experience in the main subject matter(s) of their dispute, as well as capability in arbitral practice and procedure. It should be noted that, unlike court litigation, in arbitration the parties in the dispute can chose the presiding tribunal.
Why would disputing parties chose to appoint you and not someone with a legal background?
If an arbitrator is fully capable and the main subject matters in the dispute are not legal, but within the scope of their expertise, then said arbitrator would seem a reasonable choice. In fact, in such circumstances, if there are such arbitrators for suitable disputes why would the parties choose an arbitrator with a legal background? Legal issues are already within the scope of, for instance, a Chartered Arbitrator from whatever primary discipline. For close to 30 years now I’ve specialised as a forensic accountant and dispute resolver as arbitrator or expert determiner in accounting, financial and valuation issues in M&A, Shareholder, Partnership and other complex business-related disputes and fraud. It is because of my proven capabilities as a skilled and experienced arbitrator, and my specialist expertise and experience, that parties chose me as their arbitrator when such a background is relevant to their dispute. In so doing, it may be helpful to note that this may go to reduce the need for parties to incur the costs and delay of engaging their own experts in these specialist areas, or at least to allow for more efficient evaluation of such expert evidence, resulting in a more efficient and quicker process through to final resolution.
What sort of cases do you cover?
As an ADR neutral, I am appointed to resolve a variety of business disputes including M&A, Shareholder, Partnership, and other complex disputes. I accept appointments directly from the parties in dispute, or from appointing authorities including CIArb, LCIA, ICC and ICAEW. I conduct arbitration (and expert determination) procedures (including hearing and documents-only procedures), under institutional rules or on an ad hoc basis. Hearings may be at locations (including online) agreed with the parties, and procedural meetings held online or by telephone conference call. I am also experienced in multiparty disputes. I have wide-ranging industry sector experience including, in particular: manufacturing, engineering, retail, media, professional services, restaurants (including gastro pubs), and care (homes and services).
Can you tell us about the recent case you successfully resolved?
I was appointed as arbitrator (unusually, replacement arbitrator) by the partners of a long-established professional services firm to resolve their dispute about their respective rights and liabilities arising from the general dissolution of the partnership.
The arbitration was subject to institutional rules, the existing partnership agreement, and the Partnership Act 1890. Main issues included the valuation of the firm, its dissolution accounts, and the distribution of its assets on final settlement of accounts under the Partnership Act 1890.
The case involved completing a series of related key issue stages involving extensive procedural applications, numerous procedural meetings (by phone), a hearing over a few days with the parties and their legal representatives at a venue convenient for the parties, expert witness evidence, document-only procedures, the production of interim awards at the conclusion of key issue stages, and a final award in conclusion of the dispute.
After conclusion I received the following feedback from one of the parties (a senior litigation lawyer):
“… I wish to express my thanks to you for the meticulousness of your approach throughout, to the multiplicity of legal, accountancy and procedural issues the case has presented ...”
How can people find out more about the services you offer?
Further details about these services can be found here – Dispute Resolution (btgadvisory.com)
Alternatively, please do not hesitate to contact me or one of our Forensic Services team Forensic Services (btgadvisory.com)