We provide expert testimony in international arbitration (including ICC, ICSID, LCIA, UNCITRAL, ICDR, SCC, HKIAC, AAA and ad hoc), litigation (such as England & Wales High Court, Singapore High Court) and act for parties or as the independent expert in expert determinations.
Our experience covers all sectors and we work across the world (we have acted in recent cases in Africa, Asia, Europe, Middle East, and Latin and North America).
Breach of contract & termination of contract
We assess loss of profit, loss of value, unpaid contractual amounts or wasted costs in contractual claims, acting for the Claimant or Defendant/Respondent or tribunal expert.
See our example casesBreach of contract & termination of contract
- Testified for the Respondents on the equity value of a development company in an ICC arbitration in a high value construction dispute arising over alleged breaches of the terms of loan and share agreements with its former partner.
- Testified for the Respondents in a high value LCIA arbitration concerning the alleged breach of contract and other claims around the distribution and marketing of a product in the healthcare sector.
- Testified for the Defendant in the High Court in a contract termination dispute over the manufacturing of airline equipment, opining on the claims brought for alleged wasted costs and loss of profit.
- Testified for the Claimant in the Singapore High Court quantifying the damages arising from loss of reputation following our client’s public data inadvertently being released in a breach of contract dispute brought against its IT contractor.
- Acted for the Respondents in an ICC arbitration quantifying losses from loss of profits and unpaid invoices in a case concerning alleged breaches of supply chain and sales agreements, based on information from commodity brokers.
- Appointed for the Defendant in a High Court litigation to quantify the potential loss under alleged breach of an employment contract.
- Appointed by the Respondent to quantify the impact of certain terms of a power and water purchase agreement in an UNCITRAL arbitration.
- Testified for the Respondent in an ICC arbitration against an African state, to assess the impact of an alleged breach of a corporate guarantee regarding an oil exploration license.
Breach of warranty & fraudulent misrepresentation
We provide opinions on liability for breach of accounting warranties and quantify loss for breach of warranty or tort claims including fraudulent misrepresentation.
See our example casesBreach of warranty & fraudulent misrepresentation
- Testified for the Claimants in a high value tort claim in ICC arbitration following the discovery of accounting manipulations in a commodity trading business post acquisition.
- Testifying expert for the Claimants in a High Court case in a breach of warranty claim brought over the sale of franchise operations in the UK hospitality sector.
- Testified for the Counterclaim Respondents on liability and damages relating to the alleged breach of accounting warranties in post transaction ICDR arbitration in the Latin American serviced offices sector.
- Acting for the Respondent in an ICC arbitration brought over the termination of a purchase agreement, quantifying damages in respect of various losses including fraudulent misrepresentation and unjust enrichment.
- Advised the sellers of an insurance broker in relation to potential claims for breach of management accounts warranties and fraudulent misrepresentation, including valuing the business.
Investment treaty
We provide expert opinion on the valuation of expropriated investments and quantify other losses in investment treaty claims.
See our example casesInvestment treaty
- Testified as quantum expert for the Claimants, property developers of a hotel and residential development in Mauritius, following alleged substantial harm caused by the Government.
- Testified as quantum expert on the valuation of the investment for the State Respondent, the Kingdom of Saudi Arabia, in relation to the construction of a power plant.
- Acted as accounting expert for the State Respondent, Kenya, on the quantification of the investment by a mining company arising out of the alleged unlawful revocation of a mining license.
- Appointed as a shadow expert to review a claim under UNCITRAL rules against a State in respect of an investment in the gaming industry.
- Acted for the State Respondent, a Central American government, in an ICSID dispute arising out of alleged environmental damage and indirect expropriation of real estate and leisure properties.
- Acted for the Claimant in an ICSID arbitration, over the valuation of a cotton manufacturing factory whose control was lost during the ‘Arab Spring’.
Post M&A disputes
We advise buyers and sellers throughout the expert determination process in completion accounts disputes and earn out disputes. We also act as the independent expert determiner.
See our example casesPost M&A disputes
- Appointed as expert adviser to the buyers in an expert determination over an earn out following a transaction in the TV sector in Europe.
- Appointed as the expert under the ICAEW President’s Nomination Scheme to determine the disputed matters in draft completion accounts following the sale of a film business in the Middle East.
- Appointed as the expert to determine a completion accounts dispute following the sale of a group of care homes.
- Appointed to advise whether the draft completion accounts prepared for a drinks business and the price adjustment proposed was reasonable.
- Advising a party in an expert determination process to assist in the assessment of the quantum related issues arising from the terms of a logistics contract.
- Appointed as the independent expert by both parties in an expert determination in relation to the acquisition of share capital in a financial services company.
Intellectual property disputes
We provide expert opinions on loss in cases concerning patent infringement or breach of trademarks.
See our example casesIntellectual property disputes
- Testified for the Defendant in a High Court case arising from trademark infringement in the consumer products sector.
- Acted for a major global pharmaceutical company in calculating damages in relation to an injunction regarding a patent in both the UK and Europe.
- Acted as accounting expert to the Claimant quantify loss to a global clothes brand through trademark infringement for mediation and litigation.
- Acting for the two Claimants in a claim for damages resulting from cross undertakings concerning the launch of a new product in the healthcare sector.
Shareholder & joint venture disputes
We calculate loss or value disputed shares, including in unfair prejudice claims, in shareholder disputes and joint venture disputes.
See our example casesShareholder & joint venture disputes
- Testified for a group of minority shareholders in a major oil and gas company in a SCC arbitration in Eastern Europe relating to an ECT high value claim for loss and damages against a State.
- Testified for the Claimants in an LCIA arbitration quantifying various claims between the former shareholders following the break up a business relationship.
- Acted as the Tribunal appointed expert to quantify the Claimants’ loss in an ICC arbitration concerning breach of a joint venture agreement over trucking in a Middle Eastern country.
- Appointed as a shadow expert for the Claimant in providing a second opinion on the value of a minority shareholding in an unfair prejudice action over a hotels business in the high court.
- Appointed as a shadow expert to advise the legal team on the valuation aspects of an unfair prejudice action for a minority shareholder in an ICC arbitration in the port sector.
Funds & asset tracing
We carry out funds and asset tracing exercises and quantify loss arising through diversion of funds in High Court and arbitration claims.
See our example casesFunds & asset tracing
- Testified for the Claimants in High Court proceedings in relation to a complex funds tracing exercise regarding the alleged use of stolen funds to purchase high value assets.
- Testified for the Claimants, an unincorporated joint venture, in an ICC arbitration, concerning alleged losses arising from alleged diversion of funds of a construction project in Western Asia brought against a Bank.
- Testified for the Claimant in an LCIA arbitration concerning allegations of diverted funds in a private equity and mezzanine investments business.
- Appointed in High Court proceedings to provide accounting and financial analysis in relation to funds tracing.
- Investigated allegations of impropriety by the auditors of a training business in relation to its public funding, including tracing the alleged diversion of funds.
- Appointed to trace expropriated funds from a bank in the CIS Region into high wealth assets and investments in the context of High Court proceedings.
Accounting & financial issues
We provide expert opinions on the financial viability of companies and other accounting and financial issues in the context of disputes, debt claims or enforcement actions.
See our example casesAccounting & financial issues
- Testified in an HKIAC arbitration on the financial health of a company, a Chinese-state owned steel manufacturing company.
- Testifying expert in a High Court litigation to opine as to whether a property development group’s financial position had worsened and if it would be able to repay certain loans.
- Testifying expert in a High Court litigation to assess whether dividends were lawfully paid in accordance with the Companies Act.
- Advising the Board of an international charity on the validity of financial allegations and associated alleged grievances made by one of its senior executives.
- Appointed as expert in the High Court to opine on the financial position of an offshore shipping company based in Bermuda to support a security for costs application.
- Provided advice to a party in a trademark dispute in Denmark as to the current and future financial position of an IT group, including its likely access to credit facilities.
- Appointed as expert to review criticisms of accounting treatments adopted in the financial statements of the owner of a power plant in Asia.
Contract review
We carry out contract review or audits, in the context of disputes, renegotiation of contracts or under audit clauses in subcontract agreements, licences or royalty agreements.
See our example casesContract review
- Appointed to carry out independent audit of food sector subcontractor’s costs after it made an exceptional price increase claim due to high inflation.
- Quantified the impact of specific terms in a Power Purchase Agreement.
- Analysed the financial position of a property business in contemplation of a tenancy contract renegotiation for its landlord.
- Reviewed the liabilities of a property company in advance of a lease renegotiation for our client, in the hotel industry.
- Performed license reviews of licensees on behalf of a globally branded luxury goods organisation.
- Reviewed the financial position of a UK production company in contemplation of contract termination and/or potential legal action.