The Changing Landscape of Commercial Dispute Resolution and Expert Determination

The landscape of commercial dispute resolution has changed a lot over time. Historically, and particularly, the Institute of Chartered Accountants in England and Wales (ICAEW) played a relatively central role in helping parties unable to agree on their neutral dispute resolver, find independent accountant experts for the financial issues in dispute, for example in M&A, shareholder and partnership disputes, subject to expert determination procedures.

In respect of the ICAEW, this was done through a structured scheme, the President’s Appointment Scheme (formerly, now the President’s Nomination Scheme), where on behalf of the parties the ICAEW would appoint someone or provide a shortlist, creating a centralised gateway to expertise.

The ICAEW system has since been revised, and in the relevant circumstances the market appears to have gradually shifted away from that centralised, institution-led model, using instead a decentralised, party-driven system. It is suggested that this has opened an information gap for parties in dispute seeking to find and appoint a suitable independent accountant expert determiner to provide the required neutral dispute resolution services.

The Rise of Alternative Dispute Resolution 

Alternative Dispute Resolution (ADR) procedures in their different forms are available for use in commercial disputes and may be preferred by businesses as a private, faster and more cost-effective alternative to public court litigation. Also, as part of the party procedural autonomy that such procedures may offer, parties can choose their dispute resolver opting for someone procedurally proficient with expertise in the substantive issues in dispute. 

ADR offers an opportunity for parties to avoid going to court. Court proceedings are often lengthy, costly, and stressful for all involved. ADR, on the other hand, can be a much quicker process – for example, adjudication can be completed within 28 days, and mediation can even help find a resolution in as little as one day.  

There are many different types of ADR, and parties are advised to seek professional legal advice on the suitability of any procedure for their needs and that of their case. Common procedures include:   

• Adjudication 
• Mediation 
• Arbitration
• Expert determination 

At Wilder Coe, our team are qualified, accredited and experienced in providing ADR expert determination procedures for commercial disputes and the technical issues therein. They also provide arbitration services. Appointments are accepted from appointing institutions including the Chartered Institute of Arbitrators and the ICAEW and from the parties directly.  Contact us for further information. 

The Shift Towards Specialist Providers 

In relation to the suggested emergent information gap for parties seeking a suitable independent accountant expert determiner for the financial issues in dispute, rather than relying on central appointment schemes, parties and their advisers may be more likely to instruct experts directly, and this may be through established legal and professional networks.  

As a result, selection may be now driven less by institutional intermediaries and more by reputation, technical knowledge, and procedural experience, with advising law firms playing a central role in identifying suitable specialist providers of such expert determination services.

The Future of Dispute Resolution 

As businesses may seek increasingly to resolve disputes privately, more quickly and cost-effectively other than through litigation, in respect of the appointment of independent accountant expert determiners, direct appointments are looking to be the norm with providers of such specialist services seeking market recognition and market share.    

This shift may reflect a broader cultural change in dispute resolution, where technical expertise and commercial understanding are prioritised alongside procedural proficiency.  

In this environment, specialist service providers who can combine subject-matter expertise with flexible, pragmatic dispute resolution services may play an increasingly important role in shaping how complex commercial disputes are resolved. 

What Wilder Coe Can Offer 

As the market for expert determination services in commercial dispute resolution may be moving towards direct appointments and greater demand for technical expertise, businesses and legal advisers increasingly may require access to trusted independent experts who can provide the requisite technical capability and ADR dispute resolution procedural proficiency. 

 Wilder Coe is a business advisory and accounting firm.  Alongside our long-established forensic accounting advisory and expert witness practice, part of a range of professional services provided, we’re well-positioned to meet a growing demand for faster, more specialised and technically focused dispute resolution. 

Our team are qualified, accredited and experienced in providing ADR expert determination procedures for commercial disputes and the technical issues therein. They also provide arbitration services. Appointments are accepted from appointing institutions including the Chartered Institute of Arbitrators and the ICAEW and from the parties directly.  Contact us for further information. 

Need an independent accountant expert determiner for resolution of financial issues in a commercial dispute?  Wilder Coe can provide ADR expert determination and arbitration specialists.