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Expert Evidence & Determination

Independent Expert Determination of Business Value

UAE shareholder agreements and share purchase agreements often name an independent expert to settle a share price, completion accounts or an earn-out if the parties reach deadlock. The process is private and normally quicker than going to court or arbitration.

A magnifying glass resting on an open book

We act as independent expert where the contract allows, and as an adviser to a party in a determination conducted by another expert.

Situations

When UAE clients ask for this valuation

  1. 1A shareholders' agreement requires an independent expert to value shares on exit.
  2. 2The parties to an acquisition disagree on completion accounts.
  3. 3An earn-out calculation is disputed.

Who asks us

Typical clients

  • Parties to shareholder and sale agreements, usually jointly
  • Lawyers acting for either side

What we value

The subject of the valuation

Share values, completion balance sheets, net debt and working capital adjustments, and earn-out payments.

Our method

How we reach the figure

Our mandate is only what the clause gives us. We confirm the question referred, the definition of value, any timetable in the agreement and whether a reasoned decision is required, then set directions for submissions and document requests before deciding on our own expertise.

Methods we normally weigh
IncomeSustainable profit or projected cash flows
MarketGCC and international deal and listed-company evidence
AssetRestated balance sheet value

The contract sets the basis of value and the procedure the expert follows.

Value drivers

Points that move the value

The contract
Scope of the referral and the definitions that apply.
Procedure
Submissions, information requests and timetable.
Expert, not arbitrator
The expert decides using their own expertise.

Documents

What we will ask you for

  • The relevant agreement
  • Each party's submissions
  • Financial records required by the referral

The full list is tailored to your company once the scope is agreed.

Report, timing & fees

What you receive, and when

A written determination, with reasons where the contract requires them.

Any appointment is subject to conflict checks and to the rules of the forum concerned. We do not claim registration as a court-appointed expert in any UAE jurisdiction.

Timing

Typically a few months, depending on the procedure agreed.

Fees

Quoted in writing and usually shared between the parties.

What affects the fee

Compare report levels on our reports and deliverables page.

Questions

Questions clients ask about this service

Is an expert determination binding?
Usually, to the extent the contract provides, subject to limited grounds of challenge under the governing law.

Speak to a specialist about expert determination

Send us the company or interest, the purpose and the Emirate. We will propose a scope, list the documents we need and quote a fee in writing.