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Dispute Resolution

Arbitration and Expert Determination

The specialist team at BTG Advisory are skilled and experienced providers of Chartered Arbitrator and expert determination services for the binding resolution of business-related disputes. Typical appointments are in relation to M&A (company/business sale), shareholder, partnership and other complex business disputes.

Arbitration and expert determination are alternative dispute resolution (ADR) procedures. Parties can agree to employ these procedures to resolve their disputes confidentially and without the formalities and costs of court-based litigation. In both, the process is designed in consultation with the parties to suit their requirements and the subject complexities.

Arbitration

Arbitration offers binding resolution of disputes. This is subject to the prevailing arbitration law and any agreed procedural rules. BTG Advisory is engaged to resolve disputes relating to:

  • Allocation of turnover, costs or profits in connection with a joint venture agreement
  • Calculation of consideration payable subject to the complex provisions of a contract to supply products and/or services
  • Calculation of deferred consideration payable pursuant to a sale and purchase agreement
  • Compensation payable for loss of profits and other financial losses
  • Profit share and final capital account balances in a partnership

Expert Determination

In an expert determination, the parties agree that the decision of the appointed expert is final and binding on them. Typically, we are asked to determine ‘technical’ issues in connection with:

  • Allocation of turnover, costs or profits in connection with a joint venture agreement
  • Completion accounts in a sale and purchase agreement (SPA) dispute
  • Deferred consideration payable under an SPA
  • Value of the shareholding of a group of shareholders following a ‘parting of the ways’

Appointment

Our experts at BTG Advisory accept appointments directly from the parties in dispute or from appointing authorities including the ICAEW, CIArb and LCIA.

Please note, in view of the neutrality of the role of arbitrator or expert determiner, all correspondence will be on a disclosable basis.

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