Early Dispute Resolution Private Independent Expert Review (PlER)

Reaching for Resolution

Resolving business disputes early

The BTG Advisory forensic services team assists parties to achieve early resolution of their business disputes and avoid or limit expensive and protracted litigation or arbitration proceedings.

How?

We provide an experienced commercial disputes resolver who has expertise in forensic accounting (the expert).

The expert is appointed as a neutral tribunal to conduct a review that provides a preliminary determination of the issues in dispute on a non-binding basis. The determination is the expert's preliminary opinion and is issued to the parties in a written report with explanation.

With the benefit of this early neutral expert input informing their decision-making, the parties are assisted in their deliberations by being provided with an independent expert view of their respective positions, including the financial issues of quantum, which in our experience can assist in achieving early dispute resolution.

This service is referred to as a Private Independent Expert Review (PIER).

A bespoke procedure

The PIER procedure is private, informal and flexible. In principle and outline, the procedure operates on a documents­ only basis with the parties making written submissions and counter-submissions to the tribunal. The expert has procedural control and inquisitorial powers. They make their preliminary determination based on the submissions and information obtained and using their expertise and experience.

The procedure is designed to suit the particular circumstances of a case including, for example, the requirement of a party to initiate the review on a limited scope basis. Additional stages can be included to allow for further submissions and information.

Scope

Given our extensive expertise and experience in forensic accounting, the PIER service can be used in the resolution of accounting, financial loss and share valuation issues in dispute. Typical contexts for its use may include, for example, M&A, shareholder, partnership and other complex business disputes including claims for loss of profits and losses flowing from directors' misfeasance.

Legal issues are not within the scope of the PIER service. If reliance on legal or other specialist expertise is required, this can be provided for in the agreed procedural arrangements.

It should be noted that the PIER procedure is not that of binding arbitration or other form of binding adjudication, and the role of the expert is not that of arbitrator or other form of binding adjudicator, or that of expert witness. The idea is that PIER provides an informed, independent and fresh analysis of the dispute in a manner which ought to enable the parties to narrow the issues and move to resolution on a more informed basis.

Appointment of the expert is subject to agreement of terms and conditions of engagement. The costs of our PIER services will be payable and borne by the parties engaging the services in such proportions as the parties may agree. These services are intended to assist parties to resolve their dispute. We cannot and do not give any guarantee that resolution will be achieved as this is a matter solely for them. PIER is not to be construed as the provision of any legal services or advice and the expert is not to be considered as taking on any duty of care to a party, beyond what is set out in our terms of engagement. If subsequently required, and under separate instructions, given our neutral engagement from the outset if agreed by the parties we can provide final and binding expert determination or arbitration services for issues remaining in dispute. Parties should consider the suitability of the PIER services for their needs and may wish to take professional legal advice in this regard.

Contact

For further information about our early dispute resolution services or to discuss any particular matter, please contact Daniel Djanogly, a Partner at BTG Advisory. Daniel is an experienced and qualified Chartered Arbitrator, Expert Determiner and Forensic Accountant Expert Witness.

Please note, in view of the neutrality of the role of the expert, all correspondence will be on a disclosable basis.