Our Dispute Resolution Services
In today’s global economy, organisations are faced with an increased threat from the risk of complex business disputes, resulting from breach of contract, mergers and acquisitions, the rapid rise in class action suits, IP infringement and other disruptive claims and litigation. Successful resolution of commercial disputes can be of critical importance to a business given their economic implications, business disruption and impact on commercial relationships.
How we can help
Our team of experienced disputes professionals can assist businesses at all stages of the dispute lifecycle, whether advising on the commercial merits of continuing a dispute, acting as an expert witness providing testimony at a hearing or tribunal, or acting as an independent accountant in an expert determination forum.
Our team combines Forensic accounting, expert witness experience, financial analysis, damage quantification, and eDiscovery and data analytics capabilities with industry and technical expertise from our extensive global network. We form multi-disciplinary, and if necessary international, teams to deliver the right mix of skills to assist our clients as they seek to resolve their disputes.
Our expert team comprises skilled and experienced professionals drawn from disciplines including forensic accounting, valuations, economic consulting, forensic technology and data analytics.
Our experts reach sound conclusions grounded in an independent, objective and thorough analysis of the evidence coupled, where appropriate, with subject matter expertise and geographic awareness drawn from across the global Deloitte network. Whether in written or spoken form, our experts are well-versed in presenting their conclusions clearly and concisely and defending them robustly.
Our role typically starts at an early stage whereby we explore with our client the potential areas of dispute and the strengths and weaknesses of the arguments / evidence. Where a dispute subsequently ensues, we advise our client throughout the process and assist with relevant input to the pleadings as required.
Our testifying experience includes matters conducted in the UK High Court, major arbitral institutions such as the ICC and LCIA and a variety of other courts and fora around the globe.
We provide dispute advisory services to our clients and assist them in protecting value and reputation by addressing serious issues before they turn into crises.
Working as expert advisors alongside our clients’ legal counsel, we are able to provide technical advice coupled with valuable insight into appropriate data for quantum claims, alternative scenarios and assessment of realistic quantum.
Our work can often be the precursor to formal litigation or arbitration proceedings, providing the client and the expert with a head start in understanding the matters under dispute and the potential quantum of any claim.
We also participate in mediation and negotiated settlements, as advisory experts and experienced mediators and arbitrators.
In addition to High Court disputes, we are regularly instructed to work with clients in relation to proceedings under the auspices of the major arbitral institutions.
We understand what it means to clients to resolve international disputes as effectively and efficiently as practicable, supported by robust independent expert advice. We bring our clients the right blend of industry expertise, coupled with technical skills and our extensive arbitration and testifying experience.
Our team includes dedicated International Arbitration specialists who act as experts and arbitrators. Our testifying experience includes matters conducted in many of the major International Arbitration centres including London, New York, Paris, Zurich, Stockholm, Dubai, Singapore, Hong Kong and Kuala Lumpur.
SPA disputes are a recurring feature of the M&A landscape. Early preparation for the process and timely actions can make all the difference in achieving a favourable outcome.
We routinely assist both Buyers and Sellers through the post-closing stages of deals, forming part of the Deloitte’s suite of end to end M&A services. In addition, we regularly provide ADR services in an M&A context, acting as an independent Expert appointed by the principals to determine matters in dispute between them under both SPAs and other agreements.
In addition, we have significant experience supporting clients in M&A-related litigation and arbitration, either as part of a price adjustment mechanism or in relation to breach of warranty actions.
Our industry expertise
Deloitte’s global reach and client base enables our dispute resolution specialists to draw on an extensive depth and breadth of sector expertise from leading industry experts across the globe. As a result, we are able to deploy deep experience and subject matter expertise across a wide range of industries, including, in particular:
Environmental issues, increased regulations and narrow margins challenge construction and infrastructure projects. The causes of disputes in these projects can broadly be categorised in four ways:
- Owner related (i.e. change in scope, payment delays)
- Contractor related (i.e. financial failures, time delay)
- Project (i.e. contract, design)
- Related or external factors (i.e. weather, site conditions)
Irrespective of the cause of dispute, our broad experience in the sector enables us to assist our clients with:
- Monitoring major projects
- Understanding the valuation of construction and infrastructure projects and companies
- Consequential loss of profits claims across permitted jurisdictions
- Loss of profits on relocation or valuation on extinguishment (CPO claims)
- Analysis of additional costs of work and delay deductions, change orders, overage claims and defects rectification
- Data analytics, electronic disclosure
- Insurance claims from loss of profits following rectification work and similar
- Cost verification work, contract reviews and bribery investigations
- Termination losses
The Energy and resources sector invests in large capital-intensive projects that can take many years to generate a return on investment. During the life of a project, changes in technology, economic conditions, host governments and joint venture partners can often lead to disputes.
There are typically numerous high value contracts and business acquisitions/disposals, all of which have factors which are unique to the industry sector and require specialist industry experience and expertise to interpret.
In addition to providing expert opinion and advice on a range of quantification accounting issues, we have many years of experience of working with:
- Licence or concession agreements
- Production sharing contracts
- Service contracts
- Joint venture agreements
- Joint operating agreements
- Gas supply agreements
- Pricing agreements
- Tolling agreements
- Pipeline and processing tariff agreements
- Insurance contracts
- Sale and purchase agreements
The global financial services sector continues to be at the forefront of our focus as a dispute resolution practice. We see numerous disputes due to complex regulation, international political pressures, emerging financial technologies, the increase group claims, and historical product mis-selling.
Deloitte’s financial services disputes team combines specialists in banking and capital markets and forensic technology with expertise in litigation support including the quantification of damages. We support financial services clients throughout dispute processes by providing commercial, financial and economic opinion and advice.
We regularly conduct detailed financial investigations, assess business losses and consider quantum and valuation issues in the financial services sector, both in formal dispute proceedings and in relation to alternative dispute resolution models. We routinely act as expert witnesses in financial services related disputes, as well as working behind the scenes to assist clients with potentially contentious matters.
In addition to providing expert opinion and advice on a range of quantification accounting issues, we have many years of experience of providing:
- Litigation and arbitration support
- Dispute advisory services
- Restructuring support
- Asset valuation and protection
- Cash flow modelling of structured products
- Data extraction and analytical assistance
- Stakeholder management
Our integrated team has a wealth of experience in translating complex information and analysis into understandable and concise language for use in a wide variety of contentious matters.
We combine familiarity with complex financial instruments with experience of litigation and arbitration protocols. Underpinning our capability is our Forensic Technology team with experience of making sense of the systems and data available, applying advanced data analytic techniques to present the information in a format that can be analysed by our dispute teams and in court.
The ongoing wave of technological innovation this century has seen an increase in patent filings, new laws being passed almost every day, and disruption to traditional working and business practices. These elements, as well as fierce competition, have caused a wide range of disputes.
The Technology sector is a particular area of focus for our global forensic practice. The strength of Deloitte in the technology forensic field has been developed over many years and reflects the extensive experience of our team and the diverse range of legal forums and circumstances in which that experience has been gained. We support technology clients throughout dispute processes providing commercial, financial and economic opinion and advice.
In addition to providing expert opinion and advice on a range of quantification accounting issues, we have many years of experience of working with many sector related issues, including:
- IT outsourcing and implementation contracts
- Complex IT systems
- Intellectual property (IP) licences and infringement related matters, including determining the extent of plagiarism in computer code
- Joint venture and sale and purchase agreements
Our people
To succeed in this environment, we bring together disputes professionals, with relevant industry experience, who deploy sophisticated analytical tools and capability, and provide powerful financial analysis and persuasive evidence.
Deloitte Forensic
Key contacts
Elizabeth Gutteridge
Global Leader of Disputes Practice
Simon Cuerden
Fraud, Data & Disputes Lead Partner
Claire Jolly
Partner
Adam Smith
Partner