Expert Determination
Our team has a wealth of experience acting in expert determination, as jointly appointed expert determiner as well as advising parties.
Most well drafted large commercial contracts, particularly the key M&A documents of share or business purchase agreements, provide for alternative dispute resolution (ADR) as a means to resolve financial disputes arising from the contested application or non-performance of the contracts. This can often bring about a quicker, more efficient resolution of financial disputes than lengthy litigation.
Our Expert Determination Services
Expert Determination
Submission Preparation
Shadow Expert
Determination Review
Acting as an Independent Expert Determiner
One of the most prevalent forms of ADR we are regularly instructed in is expert determination.
Where jointly appointed as the expert determiner, we consider the expert determination provisions within the contract that provide our jurisdiction. We agree appropriate terms of reference and procedure with the parties in dispute. We co-ordinate exchanges of submissions and responses in accordance with the agreed procedure. We carefully consider the contractual terms, parties’ submissions and supporting evidence before making our binding determination that brings an end to the dispute.
Supporting Parties Through Expert Determination
Having valuable experience as the expert determiner helps us assist parties to disputes in advising and making submissions in determinations to other determiners. We can act in a shadow capacity, where our involvement is wholly behind the scenes just assisting with tactics and presentations of submissions. Alternatively, we can produce the submissions as a KR8 report on behalf of a party and participate in discussions and/or negotiations.
Expert Determination for Complex and High-Value Disputes
For major corporates, finding an expert determiner can be a challenge because of large firms’ frequent conflicts of interest. As a specialist advisory practice, it is rare that we would be conflicted, but our experts all have a wealth of experience working with large corporates on complex and high value matters.
Experienced and Recognised Expert Determiners
Many of our introductions as expert determiner are referrals from larger accountancy general practices. All our expert witness managing directors in the UK are on the ICAEW President’s Appointment Scheme panel of experts.
How KR8’s Expert Determination team can help you
Our approach is to provide balanced and robust evidence, with our named experts being intimately familiar with the evidence in the case, and explaining their opinion in a clear and understandable way. Our team has the experience and expertise to make a difference.
If you are engaged in a dispute relating to a contract or other agreement with an expert determination clause, or have a dispute capable of resolution by expert determination, please contact one of our experts.
How KR8’s Business Advisory team can help you
We work closely with stakeholders to get businesses back on track.
Whether demand for a product has fallen, an investment has not worked out as expected, or a company needs help defining its future strategy, our team — comprised of accountants, industry executives and former financial services professionals — has the expertise to make a difference.
In addition to working with management teams, our Business Advisory colleagues also support lenders and sponsors in managing investment or repayment strategies, particularly when financial risks are high.
