HKA can help clients at every stage of the dispute resolution cycle. We supply early strategic advice, support settlement negotiations or, depending on our role, act as expert witness and provide oral testimony.
Most successful dispute awards and settlements are underpinned by a truly robust calculation of economic damages or asset values – backed up, where necessary, by expert testimony.
HKA’s forensic accountants and valuers have an accomplished track record in such cases across multiple industries. Our commercial damages and valuation experts also develop original solutions in complex situations by taking a holistic view, combining understanding of the context of disputes and incisive analysis of detail.
What we do
Our experts consult and testify on a wide range of engagements and subjects – including losses alleged in breach of contract claims and post-acquisition disputes, or contentious valuations in shareholder or joint venture disputes, to reasonable royalties in patent infringement or licensing cases, investment treaty claims.
The commercial damages and valuation services we provide include the following core areas:
- Economic damages – We quantify lost profits, economic benefits, consequential damages, wasted costs and lost investment opportunities.
- Insurance claims – We help the insured and insurers establish the financial impacts of events, support negotiations, and provide expert testimony where required.
- Valuation – We assess the value or change in value of businesses, shares and assets in various contentious contexts.
- Intellectual property (IP) – We assess the value of intangible assets, reasonable royalties and economic damages where IP is alleged to have been infringed.
How our commercial damages & valuation experts can help
Expert knowledge makes a difference at every phase of the dispute resolution lifecycle. Our commercial damages and valuation experts ensure you have comprehensive support and can provide an independent view of damages – from early in the process (which you can use in determining strategy), through analysing the issues and producing expert reports, to providing valuation inputs for settlement negotiations and providing oral testimony:
Pre-dispute
- Preliminary assessment of damages, which can assist with potential funding considerations
- Analysis of categories of loss to inform case strategy
Filings
- Quantification damages for pleadings
- Analysis and response to claims
- Investigation and review of the root cause
- Identification of key evidential issues to target information gathering
- Financial modelling and analysis
- Independent expert reports
- Critical review of opposing expert reports and analyses
Settlement
- Scenario analysis
- Financial modelling and analysis
- Internal investigations and review
Testimony
- Credible and persuasive oral testimony
- Lines of cross-examination of opposing experts
We have testified across Europe, the Americas, Africa, the Middle East, and Asia-Pacific before courts, arbitration tribunals and regulatory boards, and presented in various forums (such as DIAC, ICC, ICSID, LCIA, LMAA, PCA, and SIAC).
Industry expertise
Given that our experience spans a wide variety of engagements worldwide, we can assign commercial damages and valuation experts and assemble teams that combine industry insights with forensic analytical skills to match the exact requirements of each client and commission.
Our consultants work both independently and in conjunction with our global delay, quantum, engineering and other technical experts.
We consult on behalf of listed and private global companies, governments, claimants and respondents, and across various industries, including: aerospace and defence, construction, finance, healthcare, manufacturing, agriculture, media, IT and telecommunications, mining, oil and gas, power and utilities, real estate and development, tourism, retail, and transportation.
