You or your colleagues may be advising on business disputes arising from the following types of agreement which may require the parties to find and appoint an arbitrator or expert for their resolution:
- Share Purchase Agreement (SPA)
- Shareholders’ Agreement
- Partnership Agreement (or Partnership Act 1890)
- Joint Venture Agreement
The following are some case examples of disputes resolved by appointees from BTG Advisory who are skilled, experienced and accredited in the provision of arbitration (Chartered Arbitrator) and expert determination services.
- Arbitrator: Appointed in a complex dispute between partners pursuant to a partnership agreement. Dealt with procedural issues, particularly in relation to disclosures, and extensive submissions with both witness and documentary evidence. There was a full hearing over a few days and an award followed resolving the dispute. The matter involved a wide range of issues including in relation to legal principles, performance pay arrangements, multiple variations of remuneration terms over many years, profit share accounting and tax provisioning. The parties were represented by senior counsel and leading law firms.
- Expert Determiner (Independent Accountant): Under the applicable SPA, the sellers were entitled to deferred consideration based on defined performance targets in the earn-out period. The parties were in dispute about the reported performance in the relevant period. Under the SPA, in the event of disagreement, their dispute was to be determined by an independent accountant acting as an expert in an expert determination procedure. Our expert was appointed, the parties were given an opportunity to make their cases and address that of their opponents and the expert, having carefully considered their submissions and evidence, made the required determination. The matter involved preliminary issue determination in respect of jurisdiction and analysis and consideration of numerous accounting matters in relation to the performance reporting. The parties were represented by leading law firms.
If you or your colleagues are seeking to appoint an arbitrator or expert determiner or would like to discuss our dispute resolution services generally, please get in touch with your usual BTG Advisory contact or the Forensic Services team (contact details below).
Further information can be found at: