Disputes and claims opinions

Opinion on disputes and claims

The dynamic business environment in which modern companies operate presents both growth opportunities and inherent risks particularly in relation to various types of conflicts, including those involving economic damages. Such disputes may arise from engagements with contractors, interactions with public authorities, or other predictable circumstances. Issues concerning damage or lost benefits can directly affect the financial position of the company or the overall value of its owners’ assets. Effective risk management in business disputes requires not only an understanding of the law, but also economic expertise.

Comprehensive economic analysis of disputes

The economic analyses conducted by SWGK encompass a wide range of – topics, including investment profitability assessment, cash flow analysis, and company valuation estimations. The comprehensiveness of the analyses used provides our clients with a strong negotiating and argumentative position. The subject range of disputes and claims, possible by us for an opinion, is an open catalogue, in which we particularly distinguish:

Verification of company valuation:

If you are uncertain about the accuracy of a company valuation – whether your own or that provided by the third party - we can perform a thorough verification. Our team will assess both the factual and methodological aspects in detail and provide a final recommendation.

Valuation of economic damages:

If your company has suffered economic damage (e.g., lost expected revenue, incurred higher costs, reduced the value of its shares) as a result of another entity’s actions, your business will need precisely defined values to successfully pursue its claims. We will prepare a full valuation report for you on the value of the economic damage or lost profits, in accordance with generally accepted valuation techniques. You will use our estimate at the negotiation stage or in a court case.

Analysis of bankruptcy prerequisites:

The provisions of the Commercial Companies Code provide for sanctions for members of the board of directors who have failed to file a motion for bankruptcy of the company in a timely manner, in addition to joint and several liabilities for the company’s debts in such a situation. For the purposes of a court case, an insurer or for your own purposes, we can verify the occurrence of grounds for filing bankruptcy based on financial analysis and predictive econometric models.

Assessment of bookkeeping or internal control systems:

For court cases or proceedings before regulatory authorities, we can evaluate the accuracy of accounting practices in accordance with the Accounting Law and other relevant regulations. We also assess the effectiveness of your company's internal control system, particularly regarding its impact on the accounting system and workflow.

Management and controlling analyses:

We will design, conduct and document in detail customized analyses of a management or controlling nature, particularly for areas related to control of production or management costs, investment project profitability, margin and profitability. Our analyses are always in accordance with accounting standards and other regulations applicable to the case, and are based on methods of analysis both well-established in the economic literature and developed in-house.

Opinion process for disputes and claims

Formulating opinions on disputes and claims, and in particular concerning the value of economic damages, requires not only economic knowledge, but also experience and a thorough understanding of the financial processes within a company.

Analysis of a dispute or claim

We approach each case on a case-by-case basis, applying an inference methodology tailored to the client's specifics and requirements. We usually begin the process with an initial analysis of the situation and the needs of the client or his attorney, which allows us to identify key areas for further analysis.

Analysis and inference

The conclusions we present are based on economic analysis, additionally supplemented by financial, mathematical or statistical methods. We select the necessary research tools and methodologies tailored to the specific subject matter and available data for each analysis.

Development of an economic opinion

Based on the acquired documents, information and financial data, along with our analysis, we will prepare a detailed economic opinion. This will include our findings the methodologies used to arrive at those conclusions and the sources leveraged during the process.

Why choose our services?

Selecting SWGK means choosing professionalism, experience and individual/personalised approach. Our experts, with many years of experience in providing opinions on disputes and claims, and in valuing economic damages, deliver top-notch services. The SWGK team continually monitors the evolving legal landscape and market trends to ensure that our analyses are up-to-date and effective.

We are a partner that understands your needs and the significance of the claims you present. Securing an external economic expert opinion is a pivotal step in effectively managing disputes and claims.

Write us how together we can turn challenges into opportunities and we will prepare a tailor-made offer for you.