Expert Determination & Independent Opinion

Strengthening legal systems with tailored arbitration, mediation, and dispute prevention solutions.

Expert Evaluation

Our experts ensure that any dispute or difference submitted to them by agreement of the parties is determined with the utmost impartiality. Such determinations are binding, unless otherwise agreed by the parties.

There is a wide range of circumstances in which an independent opinion on valuation or expert determination is required. Each scenario demands specialist knowledge and the application of specific skills.

In commercial and investment arbitrations, independent opinions are often required on matters of law and the quantification of damages.

The need for an objective specialist to value assets or businesses is critical for organisations, stakeholders, courts, regulators, and shareholders. The nature and purpose of the valuation determine the methodology adopted by the expert. Independent valuation in different contexts requires specialised expertise and careful application of appropriate techniques. Common situations include:

Assistance in Multiple Areas

Courts, regulators, shareholders, and businesses may, at various stages, require an independent specialist to value assets or assess financial or technical matters. The purpose and context of the valuation determine the approach adopted to provide a relevant and reliable opinion.

  • In commercial disputes, courts often require an independent and objective valuation of assets. In such cases, complete objectivity and independence are essential.
  • In shareholder disputes, independent opinions may be required to verify valuations, particularly where share options affect existing holdings.
  • In mergers or acquisitions, independent verification of valuations ensures that the mechanisms used reflect fair and accurate value. Similarly, where assets are exchanged for equity, independent valuation confirms the appropriate value of the contribution in kind.

The services provided ensure adherence to the highest standards of independence and objectivity. ICADRP experts may be appointed by courts or regulatory authorities to deliver well-informed and impartial opinions. These opinions are supported by strong economic and commercial expertise.

Non-executive directors and audit committees also rely on independent evaluations to ensure proper asset valuation and accurate financial reporting, in line with sound corporate governance practices.

Important characteristics of expert determination

Consensual Process

Expert determination is based on the agreement of the parties.

Confidentiality

Subject to defined exceptions, ICADRP ensures strict confidentiality of the proceedings, communications, and the resulting determination.

Neutral and Flexible

Parties may agree on procedural aspects such as language and venue. The process remains flexible and tailored to the dispute.

Binding Nature

The expert’s determination is binding and has a contractual effect between the parties, unless agreed otherwise. By agreement, it may also serve as an advisory opinion.

Procedural Flexibility

Expert determination may be used independently or alongside arbitration, mediation, or court proceedings.

Appointment of Experts

Experts with appropriate expertise are selected from a broad pool of specialists. Where parties cannot agree, the Centre facilitates the appointment. ICADRP has access to experts across a wide range of technical, financial, and business disciplines.

We assist with

  • Providing expert opinions on legal matters
  • Providing expert opinions on damages and quantification
  • Providing expert opinions on intellectual property matters, including copyright and trademark issues
  • Ensuring adherence to the highest standards of independence and objectivity
  • Appointing experts with integrity, expertise, and specialised knowledge
  • Delivering objective valuations supported by economic and commercial analysis
  • Neutral assessment of contract modifications, including in insurance-related matters
  • Neutral evaluation of matrimonial estates before dissolution proceedings
  • Neutral evaluation of expert declarations and technical reports
  • Neutral assessment of corporate governance and board-related matters
  • Neutral appraisal of disputes and legal claims
  • Conducting independent investigations and assessments

Case Management

Through major technology providers in online dispute resolution, we can give federal, state, and municipal courts and businesses across the country

Advisory To Govt.

An effective policy for attracting investments must necessarily include an action plan that allows identifying and solving potential disputes

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