Resolving Complex Financial and Accounting Issues in International Disputes

Case Example #2: Neutral Accountant in International Arbitration - French Pension Plan Liability

Post M&A Dispute Surrounding a Retirement Plan Liability for a French Production Facility Recorded on the Closing Balance Sheet:

Discrepancies between Asset Purchase Agreement and French union contracts

Comparison of the assumptions used by each parties' actuary

Does a change in an actuarial assumption (i.e., longevity / number of employees / etc.) represent GAAP inconsistently applied or simply a correction of an error? Does GAAP incorrectly applied consistently trump a correction of an error under GAAP?

Provided Final and Binding Award after Determining Appropriate Inputs in the Actuarial Model:

Determined that a correction of an error does not equate to GAAP inconsistently applied