Accuracy provides support in all kinds of dispute situations, including pre-litigation, fraud investigations, mediation, litigation, and arbitration, on all continents and in all jurisdictions (e.g. local and high courts, ICC, LCIA, SIAC, SCC, UNCITRAL and ICSID). We combine our economic, financial, valuation, strategic, construction and accounting expertise to provide essential, bespoke and incisive support to your teams and legal counsel. We act as advisors or as independent experts in which case we provide expert evidence. Many of our partners have significant testifying experience. Please see below some examples of the types of services we can offer.
Types of services we can offer
Commercial disputes in international arbitration or litigation contexts arise from many different situations such as breach or early termination of contracts, unfair competition or professional negligence. Each case is unique and requires a tailor-made approach. Our multidisciplinary team of forensic accounting experts, valuers and industry specialists analyse the factual situation with the allegedly unlawful acts, estimate the hypothetical scenario without them and hence assess the financial damages suffered by the claimant. Our analysis can involve complex loss of profits or internationally recognised valuation techniques to substantiate our analysis.
In dispute cases which involve an investor (or a group of investors) and a state or state-controlled entity, we focus our expert work on the quantification of financial damages to the investors(s) resulting from alleged breaches of bilateral or multilateral investment treaties. Cases usually revolve around the economic consequences of expropriations, breaches to fair and equitable treatment obligations or changes in regulations. As experts appointed either by the investor or by the state, we provide dedicated and state-of-the-art valuation, market and financial analyses which help the tribunal make an informed decision.
In some M&A operations, buyers and sellers may be unable to agree on appropriate price adjustments or earn-out calculations. There may also be allegations of breaches of representations and warranties, or even allegations of fraud. In these cases, whether at early discussion stages or later during litigation or arbitration proceedings, we bring our in-depth knowledge of both M&A operations (as financial advisors) and valuation of damages. This holistic approach helps the parties (or the tribunal) get a clear and objective view on the financial consequences of the alleged breaches.
Too often, long-term projects experience significant cost and time overruns leading one party to seek the recovery of financial losses or damages from the other. Disputes in major projects can arise from a number of different situations, such as delays, disruptions, extra works or even the early termination of the project. Our highly experienced team of construction specialists can provide advice and assistance to contractors or owners and act as both delay and quantum expert witnesses in litigation or international arbitration proceedings.
Our dedicated forensic team, including technology and accounting experts, conduct independent investigations into fraudulent activities, white-collar crime and corruption schemes. Our experts are familiar with relevant laws such as evidence handling, FCPA, UK Bribery Act and Sapin II. We perform forensic analysis of electronic evidence, examine company books and records, review contracts and conduct interviews. We use the utmost discretion, keep our investigation and findings strictly confidential and cooperate with legal authorities if required.
Our professionals have been handpicked from the largest international forensic technology teams. We distil huge volumes of electronic communications, electronic documents, hard copies, financial or transactional records and voice calls. We work with subject matter experts, legal advisors and / or investigators to provide credible and straight data answers in investigations, disputes, arbitration, litigation, reviews and compliance matters.
Intellectual property is a key asset for a company and is often subject to disputes involving complex damages matters. Our team of specialised IP valuation experts can assist in situations such as infringement of patents, trademarks, trade names or copyrights, or misappropriation of trade secrets to assess lost profits, unjust enrichment (account of profit) or estimate reasonable royalties. Our forensic technology team can also assist by investigating suspected intellectual property theft including supporting injunctions.
Tax audits may result in significant cash exposure for corporations. We provide expert opinions or assistance in various situations: where the audit will focus on the value of assets or businesses; where it focusses on the actual level of taxable income from a particular activity; where it focusses on the appropriate transfer price for goods and services (our team has significant experience in valuing complex intangible assets, including brands, patents and technology). Accuracy’s ability to combine different skills, be they valuation, economic analyses or business modelling, ensures our multidisciplinary teams are able to bring significant added value to the matter.
Some partnership arrangements, such as joint ventures or licensing agreements, provide for a right of audit in order for the non-operating partner or the licensor to verify that the operations are being correctly reported by the operating partner or licensee. Our team of experienced specialists conduct in-depth reviews of allocation criteria and flows to determine whether the operating partner or licensee has reported the costs and revenues correctly.
In addition to our work undertaken in transaction situations or as monitoring trustees, our experienced teams apply their economic and financial skills to estimate the negative impacts of cartel situations, including pass-through analyses along the value chain, and ultimately to quantify the damages to be claimed by injured parties.