FRA Partner Jerry Hansen published his chapter "Managing Expert Determinations" for Global Arbitration Review's 2nd Edition of "The Guide to M&A Arbitration." Jerry's chapter focuses primarily on various aspects of the resolution of M&A disputes through arbitration. He notes, "A formal arbitration process, however, is not the only method of resolving certain M&A disputes. An expert determination is an additional alternative dispute resolution process often included in transaction agreements, one that is commonly utilized in resolving post-closing purchase price adjustment disputes."
Jerry discusses a variety of topics that come to focus in assisting transaction parties, their advisors and their counsel in managing the expert determination process, including how an expert determination differs from an arbitration and the types of M&A disputes that are most often appropriately resolved through an expert determination.
