Accuracy acts as an advisor to a large Italian aeronautics company in its defence against bribery charges. Context Our client constructs and sells helicopters and outsources the engineering of some components to three suppliers (two in India, one in Tunisia). The CE...
We combine our economic, engineering, financial, valuation, strategic and accounting expertise to provide support in all kinds of dispute situations on all continents and in all jurisdictions.
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, market experts and industry specialists analyse the factual situation with the allegedly unlawful acts, estimate the hypothetical scenario without them and hence assess the financial damage suffered by the claimant. Our analyses can involve complex loss of profits or internationally recognised valuation techniques to substantiate our analysis.
In dispute cases that involve an investor (or group of investors) and a state or state-controlled entity, we focus our expert work on the quantification of financial damages to the investor(s) resulting from alleged breaches of bilateral or multilateral investment treaties. Cases usually revolve around the economic consequences of expropriations, breaches of fair and equitable treatment obligations or changes in regulations. As experts appointed either by the investor or by the state, we provide dedicated valuation, market and financial analyses, using the latest techniques, which help the tribunal to 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 advisers) 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.
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.