Disputes
Litigation support
We provide financial and technology advice to clients and their legal advisors through all phases of a dispute from preliminary negotiation to settlement. The overwhelming benefit to the client is in the provision of expert accounting and technology based skills, all under one roof, to assist in resolving a dispute. These services include assessment of disputed transactions and their effects, identification of documents to be requested through the discovery process, and assessment of risks to each party.
We provide general strategic litigation advice, critical assessments of the reports of other experts and assistance to Counsel for cross-examination. This also includes expert determination and alternative dispute resolution services, such as mediation and other forms of settlement negotiation.
We assist the resolution of disputes in areas of:
- Bankruptcy and liquidation
- Contracts
- Employment
- Shareholding
- Tax
- Transactions
- Valuations
- Quantum of losses
We have extensive experience with issues such as:
- Breach of contract
- Buy-sell valuation
- Expert witness
- Insolvency litigation
- Intellectual property and patent infringement
- Property litigation
- Purchase price disputes
- Trusteeship
Our Analytical and Forensic Technology expertise goes further to provide our clients with the latest technological services such as computer forensics, data analytics, data visualization, and eDiscovery. Deloitte's proprietary tools and software along with our dedicated and experienced staff, positions us as the leading provider in the field of forensic investigations globally.
Deloitte offers the following analytical and forensic technology services associated with litigation support services:
- Hard drive imaging and analysis
- Data recovery
- Data analytics
- Electronic discovery
Expert witness
We focus on providing clear and concise expert opinions on the financial aspects of disputes; in particular, the assessment of complex accounting information, assessment of business losses, and the valuation of assets as part of disputes. We are engaged as experts in both litigation and arbitration, as a party appointed expert or a Court / Tribunal appointed expert. We are also engaged as experts by regulators and institutes or under the terms of a contract (e.g. Sale and Purchase Agreements).
Our team has been instrumental in the successful resolution of many very large matters, being seen as objective, independent, pragmatic and collaborative.
Many of our specialist partners have successfully given expert evidence in Courts and Tribunals throughout the world, including at the ICC, LCIA, ICSID, AAA, and the session and civil courts in Malaysia. Increasingly, we combine the expert witness partner with relevant industry experts from all over the Deloitte global network, providing an outstanding team.
Critical to our success is a passion for quality, while maintaining our independence when selected by clients to act as experts.
Our expert witness services include:
- Investigation
- Reporting
- Testimony
- Review and rebuttal
Class action
The ultimate goal in any class action administration is to ensure that claims are processed as accurately, consistently and expeditiously as possible. Capacity constraints and conflicting requirements can plague the complex class action administration process, making proper design and execution essential to success. The more efficient the process, the lower the cost, and the greater the funds available for disbursement to the plaintiffs.
Employing an independent third party in this process improves efficiency, provides comfort to participating customers, and adds credibility if the initiative comes under review by a court or other litigating parties.
Deloitte provides an ideal combination of experience, resources, and technology to support all parties in implementing class action court orders. Our class action administration services include:
- Alternative dispute resolution programs
- Appeals process support
- Bank account management
- Benefit calculation and distribution
- Claim population identification and notification
- Claims processing and documentation validation
- Media campaign coordination
- Multi-lingual call centre operations
- Notice, claim form and procedures design
- Ombudsman assistance
- Monitoring and oversight
- Searches for unidentified/difficult to locate class members
- Settlement agreement structuring
- Status and tax reporting
- Voluntary compensation plans
- Website development and maintenance
International Arbitration
At Deloitte our dedicated International Arbitration specialists advise clients on a number of discrete issues. A typical scenario may be as follows: having entered into a cross border relationship or undertaken a foreign investment, problems have started to arise and you now face a dispute to be adjudicated at an institution such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) or the International Centre for Settlement of Investment Disputes (ICSID).
While legal Counsel will have advised you on your arbitration strategy, you may also need external expert advice on matters of quantum to address issues such as:
- How the alleged loss can be estimated;
- Whether all potential losses have been identified;
- Whether any mitigating factors need to be considered;
- What evidence exists to support the claim;
- How the relevant data can be collected and analysed;
- How the financial evidence is best presented in an independent expert report.