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Arbitration

Tony Tesciuba is a fellow of the Chartered Institute of Arbitrators. He accepts appointments as arbitrator by the parties directly and under the President’s Appointments Scheme of the Institute of Chartered Accountants in England & Wales.

Areas of specialisation

As a working Chartered Accountant and Chartered Tax Adviser, I am best suited to commercial disputes that involve accountancy or tax issues, business valuation or complex issues of quantum generally, such as:

• Insurance, business interruption and other claims for loss of profit
• Shareholder and partnership disputes
• Price adjustment clauses in business sale contracts

I do not accept purely construction disputes.

Pre-appointment formalities

My rate is £185 plus VAT per hour, with no daily or cancellation charges. In simpler cases, particularly those that can be dealt with on documents only, it may be possible to agree a fixed fee. My fees and any expenses must be paid before I release my Award and I will usually ask for payments on account from the Claimant. Hearings can be anywhere, provided that the arbitration is seated in England & Wales and under the Arbitration Act 1996. My detailed terms and procedural directions would be settled following a preliminary meeting.

Individual parties enquiring about my availability or suitability for an arbitration should preferably do so in writing or by email. Please do not give any detail that would identify the parties unless and until all parties have given their consent or unless you have a unilateral right to appoint. I will carry out a conflicts check before accepting appointment.

Please note that it is important that any correspondence with me must be copied to the other side and that at no stage in the process should any party attempt any private communication with me.

Experience

I qualified as a chartered accountant with Price Waterhouse, where I worked in Manchester and London for 11 years. Since 1989, I have been in practice, as a partner in sizeable regional firms and since 2001 in my own firm.

My clients have ranged from some of Britain’s largest listed companies, through substantial private companies and charities to professional practices and owner managed businesses. These have spanned a wide range of industries and professions, including property investors, a building society, new media, a national utility, hotel and hospitality chains, business consultancies, solicitors’ practices, wholesalers and manufacturers.

I have substantial practical experience of advising clients developing, buying or selling businesses or interests in businesses. The work typically involves some combination of valuation, finance raising, business planning and considering the financial and taxation implications for the individuals and companies concerned.

I am particularly well placed to interpret and implement completion account and price adjustment clauses, having been involved in these at all stages from drafting to dispute resolution.

For approximately 20 years, my work has included dispute resolution work in various capacities, drawing on my real world and contemporary experience of business and commerce.

Arbitration appointments have included:

• A dispute involving the valuation of goodwill and work in progress in the dissolution accounts of a professional practice, including the legal interpretation of a poorly drafted partnership agreement.
• A dispute between a Secretary of State and the participants in an industry adversely affected by legislation. The dispute involved issues of statutory interpretation, a substantial amount of valuation evidence and a contested point of law heard as a preliminary issue.
• A claim for compensation under a statutory scheme.

Memberships and qualifications

Fellow, Chartered Institute of Arbitrators

Fellow, Institute of Chartered Accountants in England and Wales. (member of Audit and Assurance Faculty and Forensic and Valuation Special Interest Groups)

Member, Chartered Institute of Taxation and Academy of Experts

Degree in Economics from the London School of Economics

A brief CV of my dispute resolution experience generally is available here.