Dispute Analysis & Litigation

We provide litigation support, damages analysis, and providing evidence in commercial litigation matters, and we thrive at cross-border issues that require a multidisciplinary approach to dispute resolution.

Our client base is broad and ranges from large multinational conglomerates and high-net-worth individuals involved in large-scale commercial disputes, to individuals involved in substantial family and business feuds.

As part of PwC, the world’s leading professional services firm, we provide integrated services to our clients by combining our legal capabilities with the vast body of expertise across the firm, including information technology, forensic and actuarial accounting, corporate intelligence and data management services, thereby making our business truly unique.

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The increase in globalisation and accessibility to transnational trade has brought about a rise in cross-border litigation due to increased legal, regulatory, political, cultural, financial and reputational complexity and risk for international companies. As multinational companies and governments increasingly face claims arising from cross-border business ventures, project delays and cancellations, international arbitration has become the preferred means of dispute resolution.

Our international arbitration specialists deal with complex quantum and delay issues by combining our skills in accountancy, economics, finance and valuation with our industry expertise and, ultimately, by providing clear expert testimony to inform clients of the issues at the heart of these claims.

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By working with our Transaction Services, Valuations and Corporate Finance teams, we ensure that our clients have the critical information they require during acquisitions, changes in effective ownership and related disputes.

Settling transactional disputes can be a complex process requiring vigorous valuations that combine essential analysis, industry experience and professional judgement.

Through the collaboration of accounting, finance, economics and an in-depth knowledge of valuation principles and methodology, we assist our clients with preliminary due diligence and SPA advisory, working capital and debit analysis, earn-out disputes and breaches of warranty matters.

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The completion accounts process to adjust the purchase price upon completion of a transaction is by far the most common – and most disputed – mechanism we come across. On the face of it, the principles behind completion accounts appear simple, but 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. Settling completion accounts often requires cool heads and an objective third party to navigate the process.

We specialise in assisting our clients in planning for the completion accounts process, preparing quantitative analysis to support their position, including assessing the strengths and weaknesses of the arguments presented, drafting the objection notice and preparing written submissions on unresolved issues for expert determination.

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Given the speed, reduced costs, privacy and finality associated with expert determinations, this mechanism of dispute resolution for post-deal purchase price adjustments has become very popular with our clients.

Considering the technical accounting, commercial issues and industry issues at stake, PwC helps clients to develop a strategy based on the information available and to prepare written submissions, review the other party’s submissions and respond to information requests from the independent expert to qualify and quantify the issues at stake.

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Changes in public policy and disruptive events often lead to economic damage and liability. Success during litigation and dispute resolution often depends on proving or defending against alleged damage and liability.

Drawing on in-depth industry expertise from a range of industries including communications and technology, energy, healthcare, infrastructure, and manufacturing, our industry subject matter experts apply economic theories and methods to determine losses caused by a behaviour or an event that is the subject of the litigation or dispute.

Our industry experts regularly support clients and their counsel on topics such as access terms, price referencing, margin squeezes, and economic duress by undertaking economic and empirical analysis in order to support our clients’ positions.

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Building on our stellar reputation in showing clients how to optimise vulnerable units or processes and steering them out of a weak position back to success, our Business Restructuring team also assists clients during insolvency and restructuring litigation and dispute resolution.

Given the increased complexity of restructuring and insolvency cases before the courts and tribunals, PwC is uniquely placed to advise on and provide tailored and effective solutions to our clients’ restructuring and insolvency needs, as we understand the commercial challenges businesses and their stakeholders face and are renowned for our commercial, pragmatic and solutions-focused approach. This comes from our breadth and depth of experience in dealing with businesses in financial difficulty.
 

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Whether a business is facing a legal challenge or regulatory demands, speed and accuracy of response are absolutely essential in order to avoid the risk of a fine, rising costs or reputational damage. We work closely with law firms, giving them the confidence that data capture and preservation are carried out in a robust, forensically sound manner. Our fully scalable service can support firms through all stages of the engagement life cycle, from guidance to the most appropriate method of data capture through to disclosure planning and witness statement creation.

We offer an evolving suite of sophisticated tools and techniques and a consistent global methodology to capture, preserve, interrogate and review data and metadata, as well as providing law firms and clients a globally accessible virtual safe room for efficient litigation disclosure.

All data is stored on our Swiss-based servers and we use industry-leading data security, including ISO/IEC 27001-certified environments, to make sure your data is safeguarded from internal and external threats, protect it from unauthorised access and maintain its integrity.

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