Provision of expert witness services in a post-M&A international arbitration relating to the alleged breach of certain representations and warranties in the Sale and Purchase Agreement (SPA) underlying the acquisition of a Polish beverages distributor.

Jurisdictions involved

Arbitration under the rules of the Lewiatan Court of Arbitration in Warsaw.

The business and background

We assisted a Croatian consumer goods distribution group (Respondent) in an international arbitration. This was initiated by a Polish beverage distribution company (Claimant) over losses incurred as a result of several alleged breaches of certain representation and warranties by the Respondent. This related to the financial reporting of a Polish company which was the target of the disputed M&A transaction. 

What we did

We prepared two expert reports assessing several accounting issues underlying the claim and provided an oral testimony during a hearing.

The outcome

The Tribunal rejected the claim in full.