Disputes & Arbitration
Economic quantum that withstands cross-examination.
Economic quantum that withstands cross-examination.
Economic damages quantification in litigation and arbitration: lost profits, loss of chance, breach of contract, expropriation and shareholder disputes. Defensible reports for testimony and cross-examination, with traceable methodology.
Economic quantification of unrealized profits in breach of contract, tortious interference or non-performance. Modeling with but-for scenarios and reasonable damage mitigation.
Brazilian Civil Code arts. 402-405 · IBA Guidelines · Daubert
Valuation of equity stakes in disputes among partners: withdrawal rights, partner exclusion, forced buy-back, tag-along and drag-along exercise. Application of DLOM and DLOC where appropriate.
Brazilian Corporations Law · CC arts. 1.029-1.031 · Mandelbaum · Finnerty
Quantification in arbitrations under ICC, CCBC, CIETAC, UNCITRAL rules and Investor-State disputes (ICSID). Support in emerging markets and infrastructure assets.
ICC · CCBC · UNCITRAL · ICSID · World Bank Guidelines
Expert-witness assistance, critical review of opposing-party reports, technical opinions and hearing support. Behind-the-scenes work during litigation prep.
Judicial Expert Statute · CPC 2015 · Arbitration Law 9.307/96
This service line mobilizes, depending on the mandate, the following technical valuation disciplines:
Infrastructure concession dispute: lost profits quantification with but-for scenario model
Partner exclusion in a limited liability company: interest valuation with Finnerty DLOM application
Technical support in CCBC arbitration: critical analysis of opposing-party report and queries