What we do
Commercial litigation, disputes and arbitration
Interpath’s Forensic capability covers complex commercial litigation and disputes and international arbitrations. We can help you to protect your business and will support you throughout the journey from pre-action guidance to providing independent and compelling evidence.
Our commercial disputes knowledge covers areas such as corporate transactions, breach of contract, mis-representation claims, insurance claims and M&A disputes.
We offer a credible skillset encompassing financial analysis, valuations, damage assessment and examination of loss attribution and economic causation, and we will work alongside you to develop your dispute resolution strategy.
If relevant, we can provide a professional assessment of the credibility of third-party asset valuations. Should you require an estimate of liability, exposure, or damages, we are also highly skilled in preparing our own independent and robust valuations.
Regarding international arbitrations, we can support you with in-depth analysis, investigation of accounting matters, intellectual property, and project or contract delays. We will work alongside you to assess the case, develop your strategy, evaluate losses and opportunities, investigate matters, and provide specialist testimony.
Our approach is clear and principled, and our team have extensive experience advising across a wide range of jurisdictions and regulatory regimes including, but not limited to:
- American Arbitration Association (AAA)
- Dubai International Arbitration Centre (DIAC)
- Hong Kong International Arbitration Centre (HKIAC)
- International Centre for Dispute Resolution (ICDR)
- International Centre for Settlement of Investment Disputes (ICSID)
- International Chamber of Commerce (ICC)
- The London Court of International Arbitration (LCIA)
- Stockholm Chamber of Commerce (SCC)
- Singapore International Arbitration Centre (SIAC)
- United Nations Commission on International Trade Law (UNCITRAL)
We are inherent problem solvers, and our unrivalled expertise will help you to understand your options and find the right path.
Our team have experience across many sectors including, but not limited to:
- Agri food sector
- Construction
- Energy
- Financial services
- Insurance
- Law enforcement
- Pharmaceuticals
- Professional services
- Public sector/government
- Shipping
- Technology
- Telecommunications
We work with businesses of all sizes. Example projects our team has previously worked on are listed below:
Commercial Loss and Account of Profit Disputes
- Provided expert witness opinion in an International Arbitration to assess losses of the order of €1 billion arising from the termination of a contract to construct a nuclear power plant.
- Assessed a claim at International Arbitration of approximately US$ 500 million arising from the supply of allegedly defective solar wafers for use in the production of solar panels.
- Expert accountant in a claim of patent infringement in the manufacturing sector, involving analysis of profit flows and accounting methodologies used to apportion profit between products.
- Provided expert witness opinion in an International Arbitration surrounding the loss of profits following the termination of a franchise agreement of a Quick Service Restaurant (QSR) business, requiring calculation of demand in the market place, ability to meet demand, associated cost structures, and assessment of business plans and cash flow projections.
Post-acquisition and Joint Venture Disputes
- Review of the determination of various claims in a post-acquisition dispute following the multi-billion-euro acquisition of Eastern European brewing and distribution operations
- Expert accountant in an International Chamber of Commerce arbitration involving alleged misrepresentation and breach of warranty around the calculation of losses shown in the completion accounts of the purchase of an overseas financial services entity
- Expert on financial modelling in a petrochemicals case involving a claim that confidential information contained in a spreadsheet model used to support an acquisition was copied
- Lead accountant in a valuation undertaken as part of an ICC arbitration into the value of the shares in a MENA telecommunications joint venture undertaken in the Middle East and North Africa region
Valuations
- Valuation, for the purposes of a long-term incentive plan, of a business selling and marketing a single, well-known brand in the food and beverages industry
- Valuation of a minority shareholding in a foreign insurance company under the terms of a shareholder agreement
- Provided expert witness opinion on the valuation and liquidity of a group of property development companies
- Reported on the ‘value for money’ of a managed service provider contract between HM Government and a large multinational corporation
Investigations and remediation
Interpath’s specialist advisors can help you to prevent, identify and manage fraud and other accounting issues.
We will work with you to investigate any irregularities or discrepancies in financial transactions, books, and records.
Our expertise will support you to establish the facts and navigate complex financial, accounting, or technical issues.
We have multi-jurisdictional experience and our services include:
- Anti-fraud controls and integrity reviews
- Board of Directors, Audit Committee and Special Committee investigations
- Evaluation of regulatory, civil, or criminal accusations
- Forensic accounting analysis, investigation, and testimony
- Independent Audit practices assessment
- Internal controls assessment
- Investigation of financial fraud
- Rebuilding or restatement of books and records using partial or erroneous data
- Resolving and figuring out complicated transactions
- Resolving issues regarding accuracy of financial statements
- Risk assessment
- Technical accounting matters resolution
- Tracing of funds and assets
Further, we support both clients and counsel through investigations brought about by regulators including but not limited to:
- Financial Industry Regulatory Authority (FINRA)
- Financial Conduct Authority (FCA)
- Institute of Chartered Accountants in England and Wales (ICAEW)
- Global equivalents of the above
We can also advise you in respect of legal claims and internal investigations e.g. financial reporting accuracy, restatement of accounts, and investigations into corruption or conduct. Where necessary, we can support you to develop compliance policies and procedures.
Example projects our team have previously worked on are listed below:
- Assisted a telecommunications company with fraud prevention, cash tracking, risk management and control systems, including investigation into the application of cash across multiple countries and ventures
- Headed a team brought in by the Financial Conduct Authority as part of their investigation into the collapse of split-capital investment trusts
- Headed a team brought in to identify and quantify the alleged misappropriation of assets in a brokerage subsidiary of a bank in an ex-Soviet state
- Acting for a client to challenge broker-produced summaries of trading performance and reporting on discrepancies between these summaries and the underlying data
- Expert accountant for the claimant in a complex and high-profile $800 million dispute arising out of allegations of fraud at a large petroleum and LNG shipping company in Russia
- Provided an expert accountant’s report into the failed merger of three insurance brokerages, surrounding allegations of fraud and misrepresentation of turnover projections
