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Disputes
In today’s global economy, organisations are faced with an increased risk of litigation and complex business disputes from every front. If not settled, disputes between business partners, competitors and shareholders may result in disruptive actions emerging, from breach of contract disputes to large-scale class action suits.
Our Disputes professionals can assist clients at different stages of a dispute as they assess the best approach, whether that be resolution through negotiations or mediation, or via subject matter and expert witness support.
How can we help?
Our team of specialists have extensive experience of advising clients and their legal teams in a wide variety of disputes. Drawing on our deep expert witness, financial analysis, damage quantification, and discovery capabilities, we give our clients insight and understanding at different stages of a business dispute
International arbitration
In addition to High Court disputes, we are regularly instructed to work with clients in relation to matters that are resolved under the auspices of arbitration institutions, such as the ICC, LCIA, ICDR, or other international administrative bodies.
The last few decades have seen substantial growth in the volume of international disputes as a result of several factors including the globalisation of the economy, expansion of cross-border relationships and increased foreign investment. As a result, international arbitration has enjoyed rising popularity with business and other users, with substantial recent growth.
At Deloitte we understand what it means to clients to resolve international disputes as effectively and efficiently as practicable, supported by robust independent expert advice.
Our teams are tailored to bring the client the right blend of industry expertise, coupled with technical skills, as well as our arbitration and testifying experience. We are also well positioned to leverage on the experience of our local teams.
Transaction disputes
A particular area of focus for us is the Transactions / M&A market where a percentage of a deal’s perceived value – often over 10% of the headline price – can be placed at risk in post-closing disagreements between buyer and seller. This is often over either the completion accounts struck at the date of completion or over warranties given prior to the sale.
Although a large proportion of deals are closed with minimal (or no) such disagreements, a noticeable proportion do result in hard-fought negotiations or even formal dispute resolution procedures. Such disagreements, on the occasions when they do occur, not only risk significant value leakage but can also tie up significant senior management time.
While there is no certain way to predict which deals may generate post-closing difficulties, amongst the factors that in our experience may increase the likelihood of disagreements occurring are: accounting complexities and judgements inherent in a deal; the target’s financial performance falling below expectations; ambiguity in the accounting policies within the SPA; unfamiliar accounting policies; and cultural differences between buyer and seller.
A successful outcome from a transaction-related dispute, whether centred on a set of completion (or earnout) accounts or a breach of warranty, will usually involve:
- An understanding of the acquired / sold business and its detailed accounting
- An understanding of the accounting policies mandated by the sale agreement
- Obtaining and collating the relevant evidence
- Clear analysis and assessment of that evidence
- Succinct, logical and supportable presentation of a position rooted in the sale agreement and/or technical accounting literature
- Timely and effective decision making by the principal and its advisors as the process evolves.
Advisory services
We provide dispute advisory services to our clients and assist them in protecting the value and reputation of business by addressing serious issues before they turn into crises.
The traditional approach to the case management process puts significant pressure on the time of senior stakeholders assessing the initial merits of a case and searching for relevant documentation.
With over 70% of General Counsel reporting that legal disputes are resolved out of Court, new methods are vital to timely assess the commercial impact on the business. Working directly with clients and their legal advisors, our disputes and forensic technology experts can assist with the identification and extraction of critical documents, computer assisted review and assessment of evidence available in support of quantum claims. These capabilities mean organisations are better able to prioritise efforts and resources across cases at the early stage.
Working alongside client’s legal counsel as expert advisors, our disputes professionals can provide valuable insight into appropriate data for quantum claims, alternative scenarios and assessment of realistic quantum. We also participate in mediation and negotiated settlements, avoiding costly legal proceedings, as advisory experts and experienced mediators and arbitrators.
Our industry expertise
Corporates are now increasingly involving external expertise before commencing litigation or/and dispute proceedings to strengthen their position.
Our team have worked on a wide variety of disputes across many different industries. Due to the frequency and
Our people
To succeed in this environment we bring together dispute professionals, with relevant industry experience, who provide powerful financial analysis, convincing evidence and sophisticated tools.