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Valuation for Arbitration - Compensation Standards, Valuation Methods and Expert Evidence (Hardcover)
Loot Price: R5,745
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Valuation for Arbitration - Compensation Standards, Valuation Methods and Expert Evidence (Hardcover)
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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:
- advance planning to enhance understanding of expert valuation
evidence;
- identification of "apples-to-oranges" miscomparisons; and
- recognition of the true comparability between the business at
issue and other examples offered in the expert evidence.
The presentation focuses not only on the legal standards applicable
to the valuation (full or adequate compensation, reparations,
restitution, actual loss, fair market value, fair or reasonably
equivalent value, lost profits, etc.), but also on the informed
judgment and reasonableness that must enter into the process of
weighing the facts of each case and determining its aggregate
significance.
In its practical assistance to arbitral tribunals presented with
complex business valuation in the quantum phase of a hearing, this
book shows a thoughtful andproactive 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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