Advisor

Article

Advisor

Dispute Services

Contrary to an expert role, in an advisory role we act as a dispute strategy consultant for the Client and the scope of as well as fees for our services can be more flexibly tailored to the needs of the Client.

As an advisor, we typically analyse different scenarios and outcomes of the case from the financial standpoint in order to equip the Client with appropriate arguments and strategies best serving his/her interests.

We support the Client’s position by preparing both written and oral statements on behalf of the Client, submissions to be provided to the adverse party, the court or the tribunal as well as any experts/advisors retained by the parties, depending on a type of proceeding.

We also offer assistance in the preparation for a cross-examination of witnesses (incl. experts) as well as any other type of oral testimony involving financial matters.

Our advisory roles differ from our expert roles in terms of our independence and our position vis-à-vis court or tribunal. While accepting engagements we always strive to identify our role properly and never mix the role of an advisor with that of an expert.

Our role: Advisor

Type of proceedings: Negotiation & mediation

Type of dispute: Non-performing contracts

Industry: Construction & Infrastructure

Our services: Complex advisory services to an international supplier of rolling stock in a dispute with one of the European metropolitan rail operators over an additional remuneration for the delays in acceptance of work results by a contracting authority. Preparation of a series of analyses and estimates for the purposes of conducted negotiations. The parties finally reached an agreement, to which our analyses contributed.

Our role: Advisor

Type of proceedings: Expert determination

Type of dispute: Post M&A disputes

Industry: Energy, Resources & Industrial

Our services: Prepared a series of submissions on behalf of the respondent, a diversified Thai chemical group, the majority shareholder of a French chemical manufacturer, in an ad hoc expert determination proceedings under the shareholders’ agreement initiated by the minority shareholder, a Swedish chemical company over the calculation of an earn-out equity value. Delivered two written memoranda on the disputed items as well as provided oral testimony on behalf of the respondent during the hearing in Paris.

Our role: Advisor

Type of proceedings: Arbitration

Type of dispute: Post M&A disputes, Shareholder disagreements, Accounting malpractice

Industry: Construction & Infrastructure

Our services: Assistance to a majority shareholder of a street lighting services company (a private-equity fund operating in CEE), in a financial analysis of potential claims arising from the breaches of SPA by former owners and current minority shareholders. Followed by drafting a statement of claim for the purpose of arbitration as the initial negotiations failed.

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