When competing expert witnesses provide widely divergent estimates of value—each doing an excellent job of highlighting the weaknesses of the evidence from the opposing expert witness—how does an arbitrator arrive at an independent and equitable determination?
Breaking through conceptual roadblocks that at bottom are based on a lack of exposure to valuation procedures rather than on any uncertainty about legal principles, this enormously useful volume is addressed particularly to the many arbitrators with sound commercial knowledge but little hands-on experience with valuation studies.
It provides a clear understanding of the nuts and bolts of valuation methods, drawing on a prodigious wealth of standards and procedures endorsed by internationally respected institutions, as well as on relevant decisions of a wide variety of local, national, and international fora. It reviews tools that arbitrators may employ to reach their final compensation assessment on a principled basis. The book’s many practical recommendations greatly elucidate the decision making processes entailed in three central aspects of the arbitrator’s role:
In its practical assistance to arbitral tribunals presented with complex business valuation in the quantum phase of a hearing, this book shows a thoughtful and proactive arbitrator how to help him or herself and provides a full measure of the valuation expertise required. In a more deeply significant way, the author reveals how the arbitration community can move closer toward a common language and consistent principles—a Valuation Mercatoria.
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