For over 30 years, we have been working with clients to establish the facts, analyse the issues and develop their dispute resolution strategy. Our specialist team advises on the financial, economic and valuation aspects of claims, assists clients through the dispute resolution process and provides independent expert testimony. We work on a wide range of disputes including litigation, arbitration, mediation, expert determination and regulatory matters.
Our strength comes not only from our forensic accounting expertise but how we combine with valuation, economic and industry specialists across the global PwC network to respond to your needs. Whether you are already in or contemplating a dispute, we work with you to plan the best response and deal with it effectively. If matters do go to trial, we can help you every step of the way.
Disputes between companies can be enormously complex. Our specialist team has access to experts from across our global network. We can help you to clarify the issues at hand, develop a coherent strategy to address them, and support you through the dispute resolution process.
We investigate, analyse and quantify damages – whether from breach of contract, professional negligence, business interruption, compulsory purchase orders or procurement processes. We also give evidence on causation and liability in cases involving alleged accounting or audit negligence.
We are supported by a team of investigators and forensic technology specialists, enabling us to respond rapidly as your claim develops.
Our services include:
As multinational companies and governments increasingly face claims arising from transnational business ventures, investments and project delays, International Arbitration has become the preferred means of dispute resolution.
Our International Arbitration specialists have dealt with complex quantum and delay issues across hundreds of litigation and arbitration matters and can bring their wealth of knowledge and industry expertise to inform issues at the heart of these claims.
We help clients to investigate, assess and prepare for commercial and treaty-based claims, working closely with them at each stage of the dispute resolution process to:
We draw on our deep industry, geographical, economic and valuations expertise to ensure that our clients benefit from the global reach and local knowledge of our wider Network. Our extensive expertise includes:
We help clients at all stages of the deal cycle, from pre-deal due diligence and SPA support, to purchase price negotiations and post-deal dispute resolution. Our specialist team has extensive experience of advising either party to a transaction and of acting as independent expert to determine matters in dispute. We work on national and international disputes of all shapes and sizes, applying forensic rigour and analysis to everything we do.
We work closely alongside colleagues from our Transaction Services, Valuations and Corporate Finance teams to ensure you have the right support every step of the way.
By type, our services can be broken down into:
Almost half of all transactions we come across use a Completion Accounts mechanism to adjust the purchase price at completion. Whilst the principles behind completion accounts may appear simple, they are often a source of dispute as parties differ in their interpretation of the SPA or have opposing views about accounting treatment, which affects value.
We help clients to anticipate and address issues arising from Completion Accounts and achieve a favourable outcome. We assist clients with:
We’ve seen a rise in the number of deals involving an earn-out mechanism in recent years as buyers are increasingly cautious about what protection to insist on should things not turn out as expected. As a result, price is becoming conditional on the future performance of the target.
Our specialist SPA advisory team works with clients to get the relevant SPA clauses right - to maximise deal value and minimise the likelihood of disputes. When disputes do arise, we assist clients with assessing the implications of earn-out mechanisms, determining whether targets have been met and quantifying the amount payable or receivable.
Expert Determination is the most common form of dispute resolution for post-deal purchase price adjustments and offers several benefits over litigation and arbitration. Speed, lower costs, privacy and the finality of the outcome are among these benefits, while it’s up to the parties themselves to manage the risks. Our specialists are frequently appointed to act as independent expert to resolve transaction disputes through the determination process.
Whether we’re acting in the expert role or advising a party, we work with you to get the process right from the outset. When advising a party to the dispute, we help clients to:
Although most Sale and Purchase Agreements provide protection for buyers in the form of warranties and indemnities, seeking compensation by way of a warranty claim is far from straight-forward. If there has been a breach, early consideration of the likely cost/benefit of your claim is crucial.
We regularly advise both claimants and defendants and their legal counsel on the financial and accounting aspects of warranty claims. Our services include:
However, if matters do go to trial, our experts can provide written and oral testimony in respect of your claim.
The quantification of damages in commercial, antitrust, and regulatory disputes often requires specialist valuations and economics expertise.
Our world class Economics practice works with our colleagues in Forensics Services and the rest of the firm to help our clients in a range of contentious situations where economics is the key to unlocking success. We undertake independent and robust economic analysis and support clients throughout the litigation process.
We help clients on the following areas:
We assist clients in private actions and follow-on claims for damages deriving from antitrust abuses. We provide independent expert testimony on the effects of anticompetitive conduct in courts, arbitral tribunals and in front of competition authorities. Our services cover all aspects of competition litigation including analysis of damages deriving from anticompetitive conduct such as:
In addition, our services on competition policy include mergers and acquisitions, market studies and investigations, and State aid.
We work closely with our disputes specialists to provide economic insight into the issues at the heart of commercial disputes. Our work involves:
We have extensive experience of providing assistance in managing claims and quantifying resulting losses – both for clients bringing claims and for insurance companies, Government bodies, and other entities responding to and defending claims.
We help our clients to quantify the value of losses by drawing upon our specialised insurance and industry capabilities, as well as our experience in personal injury, property, business interruption, professional liability, product recall, file reviews, reserving and claims administration.
We provide analytical support and assistance through each step of the claims process and work with our clients to:
Separation and divorce is often a long and challenging process, and negotiating a financial settlement frequently requires specialist expertise. Our multidisciplinary teams investigate the financial aspects of marital disputes, from asset identification, verification and tracing to through to valuations, liquidity and tax.
In cases where the parties are unable to decide upon or agree value, an expert may be required to provide independent evidence to enable the parties to reach a settlement, or the Court to make an order. We work regularly with the leading matrimonial firms and counsel, and take a proactive approach to maximising the effectiveness of the quantum aspect of each case.
We have extensive experience in providing both single party and single joint expert reports for submission to the Court. Our specialists have acted in a wide range of cases, including the landmark Charman v Charman, and we have access to a wide range of industry experts which means that our reports are credible, robust and able to withstand scrutiny – and are grounded in commercial reality.