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Dispute resolution

We work with our clients and their legal council 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.

 

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Why PwC

  • Global firm, local profile: We work seamlessly with colleagues across the firm to maximise value for our clients and can mobilise global, multi-disciplinary teams at short notice. Our regional profile also allows us to match competency and cost to your engagement needs.
  • Industry expertise: We bring deep sector knowledge and experience and an independent perspective to assess your case in a disciplined way. We have access to experts from all sectors and geographies.
  • Rigorous analysis: Our clients and their legal council choose to work with us to assess the merits of and develop the strategy for their most complex disputes. We investigate the issues relating to claims and provide robust economic and market analysis.
  • Highly engaged, high calibre teams: Our Forensic specialists have dealt with quantum and delay issues across hundreds of litigation and arbitration matters and can bring this wealth of knowledge to formulating quantum estimates bespoke to the allegations. We have outstanding individuals who work with our clients and their legal council to help them resolve their disputes.
  • Communication is key: When disputes arise, we work with you and your legal counsel throughout the process and provide advice on the financial, commercial and practical issues at stake.

 

What can we do for you

Dispute resolution services

Helping clients save time and money through high quality analysis and early resolution

Disputes often arise from unforeseen events which result in claims for damages. These claims can be complex, as they are based on projected outcomes. We work with clients and their legal teams to address financial, accounting and economic issues throughout the dispute cycle.

Our team of accountants, lawyers, ex-regulators and data analysts can distill large volumes of complex information into concise reports for litigation, arbitration, mediation, expert determination and regulatory matters.

We have vast experience in using logical methodology to interrogate historical or incomplete information to develop historical or forward-looking scenarios. We arrive at expert conclusions that can be relied on by clients and attorneys, in courts or arbitrations.

 

We establish the facts and provide complex data management, analysis and expert testimony. Our specialists provide independent insight when assessing the likely outcome. Our thorough, relevant analysis facilitates settling a claim or making an award.

Our methodology includes answering key questions that allow us to:

  • Crystallise and separate the quantum issues.
  • Pinpoint key factors for sensitivity analysis.
  • Determine the affected period.
  • Compare projections with historical information.
  • Establish a sound basis for comparison.
  • Develop a financial model.
  • Establish a range of values for a likely outcome.

 

Our services to you include

Commercial

Frequently, commercial contracts lead to disputes between companies which require the assistance of a forensic accountant or independent expert. This is especially true in times of crisis. We assist with quantification, trial preparation, discovery assistance and providing evidence in legal proceedings. Our team has extensive experience in interpreting financial information, quantifying damages claims and determining purchase price adjustments in business sale agreements.

We have expertise that includes the following:

  • Preliminary damages assessments.
  • Accounting litigation support, expert accounting & witnessing.
  • Insurance claims.
  • Loss of profit or business interruption.
  • Intellectual property infringements.
  • Economic losses.
  • Determining appropriate rates of return.

 

Alternative dispute resolution

Adversarial legal confrontations seldom result in an optimal outcome and usually have a winner and a loser. Parties to a dispute can wait years for a trial date in the High Court. It is no surprise, then, that the focus of commercial disputes has shifted from litigation to Alternative Dispute Resolution (ADR).

We act as independent adjudicators, commercial arbitrators and mediators as well as assist with the preparation as experts for submissions to various forums.

 

Transaction and shareholder disputes

The market value of a business, or an interest in it, often leads to disagreement that requires the skills of a valuation expert. When a shareholder wishes to exit a business but cannot agree on the price to be paid for their share, a dispute is declared. Often, shareholder agreements have a mechanism for appointing an expert valuer, whose opinion is final and binding. An independent valuation may also be required when an offer to purchase shares is made in terms of a shareholder agreement, when a shareholder is in material breach of their duties or when there is a change in ownership or control.

We act as independent valuation experts when parties cannot agree on the price to be paid and a binding opinion is required. We deploy highly skilled specialists and approach assignments in a transparent manner that facilitates participation by all affected parties. We also ensure that defined timelines are adhered to throughout the process.

We have expertise that includes the following:

  • Working capital and debt analysis.
  • Completion accounts.
  • Earn-out disputes.
  • Expert determinations.
  • Breach of warranty matters.

 

Capital projects & infrastructure

Our specialists investigate and analyse aspects relating to project management, programming and delay aspects with regard to capital project disputes. 

We support this process by assessing the quantum of claims and assisting with preparations for trial. The nature of these disputes often require a multi-disciplinary approach and careful project management for successful completion.

Our team includes:

  • Chartered accountants.
  • Engineers.
  • Quantity surveyors.
  • Actuaries.
  • Data capturers.
  • Information technology specialists.

As an independent advisor, we can add value by:

  • analysing the problem.
  • supporting negotiations.
  • giving independent advice.
  • acting as expert witnesses.
  • regulators, customers, employees and other stakeholders.

 

International arbitration

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:

  • Conduct an early case assessment and develop the strategy.
  • Value and quantify damages, lost profits or opportunities.
  • Prepare detailed economic and market analysis.
  • Provide expert reports and testimony.

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 global expertise includes:

  • Recent testimony under the rules of major dispute resolution institutions including the ICC, UNCITRAL, ICSID, LCIA, DIAC, AAA and SCC.
  • Submission of written or oral testimony in over 120 international arbitration proceedings.
  • Significant experience in the Oil, Gas, Electricity and Renewable Energy, Construction and Infrastructure, Transport, Telecommunications, Industrial Products and Real Estate industries.

 

Insurance claims services

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:

  • Help assemble and assess preliminary claim information.
  • Establish plans to mitigate damages and resume business as expeditiously as possible.
  • Identify and track expenses incurred in minimising business interruption, estimate losses in terms of policy coverage and assist in establishing lost profits by applying actual loss sustained measurement methodologies.
  • Assemble the information needed to facilitate payment by insurers, thereby mitigating the impact on the business.
  • Act as independent expert when required for the purpose of Court proceedings.

 

e-Discovery solutions

Electronic discovery is a process being utilised throughout the world to assist with investigations, disputes and compliance reviews. Electronic Discovery (or eDisclosure) refers to the process where electronic data is required, then discovered, secured, processed and analysed for relevant data to be used (presented) as evidence. E-Discovery can be applied in relation to Legal hold orders (in a civil or criminal case) or the electronic review and analyses of data. We make use of industry leading procedures and methodology to ensure that the integrity and quality of the data is not compromised, that data is processed in an efficient and cost-effective manner and to ensure a suitable review environment according to our clients’ needs.

 

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Contact us

Jana Calmeyer

Jana Calmeyer

Associate Director, PwC South Africa

Tel: +27 (0) 11 797 4116

Trevor White

Trevor White

Partner , PwC South Africa

Tel: +27 (0) 31 271 2020

Greg Truter

Greg Truter

Partner, PwC South Africa

Tel: +27 (0) 11 797 4661

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