SPA Disputes – If you are a party to an SPA, BTG Advisory can assist

Share Purchase Agreement (SPA) disputes do happen and those involving the following matters may be provided for in the agreed dispute resolution clauses: 

• Completion Accounts
• Purchase Price Adjustment
• Deferred Consideration

Our forensic services team commonly see that issues in connection with these matters are agreed to be resolved by final and binding determination by a neutral independent accountant acting as an expert, not as an arbitrator. This procedure is referred to as expert determination. Other SPA disputes may be for court litigation – for example, warranty and indemnity claims.

The team have extensive experience in providing expert determination services in SPA disputes as the expert. We are also experienced in providing parties to these procedures with our forensic accountant advisory services. In litigation or arbitration, we are experienced advisers and expert witnesses and our work may involve share valuation and the quantification of financial losses.

We do not provide legal, accountancy or tax advice on provisions in SPAs. These are matters for the party and their professional advisers in those disciplines. 
Our services in connection with SPA disputes, on matters within the scope of our expertise and experience, include the following. This is subject to input and instructions from a party’s legal advisers.

• Navigating the procedure: Advising on how an expert may approach dealing with disputed issues in accordance with the agreed wording of the relevant expert determination provisions for their resolution in the SPA, including the timeframe for this.
• Formulating a claim: Advising the claimant on their claim(s) in the expert determination procedure and assisting with submissions. 
• Defending a claim: Advising the respondent on defending a claim(s) and assisting with their submissions.
• Litigation/arbitration: Providing independent forensic accountant expert advisory and expert witness services.

Contact:
For further information, contact Daniel Djanogly, Partner, Forensic Services. Daniel is an experienced and qualified Chartered Arbitrator, Expert Determiner and Forensic Accountant Expert Witness.

Daniel Djanogly – BTG Advisory | BTG Advisory