Dispute Advisory Services

Clients face a series of challenges when commercial, contractual or personal disputes arise. The growing costs of resolving disputes, multi-jurisdictional considerations, the uncertainty of outcomes and lengthy proceedings are all litigation-related concerns facing businesses today. KPMG take a pragmatic approach and recognise the important challenges faced by our clients.

How we can help

Our team is well-equipped to help our clients successfully navigate contentious situations. We support the dispute resolution process through robust, compelling arguments on the financial, economic and accounting aspects of a case. With sharp and well-informed insights, we can help to reduce the potentially adverse financial, reputational or operational impacts for our clients.

KPMG can assist at every stage of litigation, arbitration, mediation or other forms of alternative dispute resolution. We can investigate the facts, undertake data analysis and support the e-disclosure process. We will provide robust advice and write expert witness reports suitable for non-technical audiences. KPMG offers a robust valuation service that supports and informs our clients decision making process throughout the litigation process.

KPMG can help across a range of areas, including:

Shareholder disputes;
Transaction, warranty and completion account disputes;
Breach of contract;
Expert determinations; and
Insurance disputes.

Business Valuation in Ancillary Relief

Our independent valuations provide assurance during divorce proceedings

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Recent case study

Our client was a dominant player in the telecoms industry. A customer alleged that our client was discriminating against it, by charging it a higher price than it charged its competitors. The customer made a claim for loss of profits of approximately €20 million. Our client admitted that a systematic error caused this to happen but disputed the extent of the loss claimed.

KPMG was engaged to assess the quantum of the loss, initially for negotiation purposes, and then to prepare an expert witness report. We prepared an initial report using our client’s traffic data and then a detailed discovery request in respect of the customer’s financial information and traffic data.

We prepared an expert witness report and assessed the quantum of loss to be five percent of the original claim made by the customer. We assisted with the settlement negotiations by building a model that allowed us to change assumptions and measure the impact on the quantum of the claim. The case was settled to our client’s satisfaction.