As a result of economic globalisation, the growth in the number of cross border relationships and contracts, and the growth in foreign investment, International Arbitration has become one of the most important methods of cross-border alternative dispute resolution.
At Deloitte we understand what it means to clients to resolve international disputes as effectively and efficiently as practicable, supported by reliable and independent expert advice. Our leading experts bring a wealth of experience to every case, having prepared reports and given oral testimony internationally for tribunals and courts across all major industry sectors, on a wide range of issues.
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. Working alongside client’s legal counsel as expert advisors, our disputes professionals can provide valuable insight into appropriate data and evidence sufficiency for quantum claims, alternative scenarios and assessment of realistic quantum. We also participate in mediation and negotiated settlements, as advisory experts and experienced mediators and arbitrators.
Our industry expertise
Our team have worked on a wide variety of disputes across many different industries. Due to the frequency and scale we have developed specific expertise and knowledge of the following types of disputes:
Energy and resources
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
Construction and infrastructure
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.
We have many years of experience of working in the following areas:
- Advisory – working with developers and funders to monitor major projects
- Business valuations – understanding the valuation of construction and infrastructure projects and companies
- Consequential loss of profits claims – across permitted jurisdictions
- CPO claims – loss of profits on relocation or valuation on extinguishment
- Delay analysis - additional costs of work and delay deductions, change orders, overage claims and defects rectification
- Forensic technology – data analytics, electronic disclosure
- Insurance claims – loss of profits following rectification work and similar
- Investigation work – cost verification work, contract reviews and bribery investigations
- Termination losses – losses in project values
The Financial Services industry invests in large, complex structured transactions and as a consequence can be subject to contentious issues such as valuation, modelling and the commercial or economic rationale for transactions. In an industry continually influenced by complex economic and technological factors, this can often lead to dispute.
There are typically numerous transactions of high value and complexity, subject to factors which are unique to the industry sector and will 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 providing:
- Litigation 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. Our involvement in financial services disputes has ranged from assisting clients in assessing the commercial and financial merits of a potential claim, through to providing full dispute advisory services and expert witness appointments.
We combine familiarity with complex financial instruments with experience of litigation 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.
Due to the high levels of technical complexity, detailed licensing arrangements and often mutually dependent and tense relations between key players, disputes that arise in the Technology sector are critical to the ongoing success of individual businesses.
The Technology industries are rich in intellectual property, with significant levels of patent co-dependency between key players. The line between “standing on the shoulders of giants” and outright copying can be difficult to determine and both the technical complexity of the subject matter and the co-dependent nature of the industry means that a commercial agreement is often preferable to a formal dispute.
High value, mission-critical, technology implementations, particularly where there is a significant element of novelty to the technology involved, can be both high value and complex. These unique IT elements have consequences for contractual disputes, business acquisitions/disposals and intellectual property negotiations/disputes. All these factors mean that specialist industry experience and expertise is required to sit alongside the traditional Forensic skill set.
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
SPA disputes are a key feature of the M&A landscape which can be effectively dealt with through the arbitration route. Early preparation for the process and timely actions can make all the difference in achieving a favourable outcome which can have a significant impact on the economics of a deal.
Our role in the arbitration process can be one of:
- An accounting arbitrator, to ensure the SPA dispute is subject to both legal and accounting interpretation in making a determination
- An expert witness for one of the parties in an SPA dispute involving completion accounts, earn outs and warranty claims (including a technical accounting expert where appropriate)
- An advisor in the arbitration process, to provide dispute advisory services such as compiling financial analysis, identifying strengths and weaknesses of the case, preparing the expert witness for giving evidence and data preservation and management
To succeed in this environment we bring together dispute professionals, with relevant industry and service experience, who provide powerful financial analysis, convincing evidence and sophisticated tools in the areas of case management, e-discovery, data analytics, computer forensics and document review services.
View our team
Speak to one of our experts