'Assign a high-calibre expert to your dispute and there is a good chance you will obtain a fair, final and binding determination.' FRA Partner, Jerry Hansen, discusses in The Lawyer.
Despite transaction parties’ best efforts to avoid disputes, many transactions do involve some type of post-closing dispute. Purchase agreements typically provide dispute resolution provisions to guide the parties in resolving such disputes, which commonly include two resolution forums: arbitration and expert determinations.
Unless the purchase agreement specifically names an individual, and that individual remains conflict-free when the dispute arises months or years after the transaction closed, the parties must select someone to fill this role.
This is an important selection since it will have a bearing on the ultimate resolution of what is typically a significant dispute.
Therefore, what important factors must we consider? And how important is industry experience?
FRA Partner, Jerry Hansen, discusses M&A Disputes: Choosing the Right Person for Expert Determinations in this month’s edition of The Lawyer.