Performance & Stability
What Is the Evidentiary Burden for Proving a Close out Calculation Was Commercially Reasonable?
Proving a commercially reasonable close-out requires an objective, data-driven evidentiary file that validates the process and valuation.
Can a Party Unilaterally Revise a Close out Calculation after It Has Been Made?
A party cannot unilaterally revise a close-out calculation; the served statement is a binding obligation, with corrections only possible via mutual agreement or court order.
What Recourse Does a Party Have If It Disagrees with a Close out Calculation It Has Received?
A party's recourse against a disputed close-out calculation is a structured, contract-driven process of challenge and potential escalation.
How Does the 2002 Isda Agreement Define a Commercially Reasonable Procedure?
The 2002 ISDA Agreement defines a commercially reasonable procedure as an objective, good-faith valuation to find a terminated deal's economic equivalent.
In What Ways Does a Prescribed Valuation Methodology Limit an Expert’s Discretionary Power?
A prescribed valuation methodology codifies expert discretion into a defensible, systemic, and auditable operational protocol.
How Can an Expert Witness Effectively Challenge the Valuation Report of an Opposing Expert?
An expert witness challenges a valuation by systematically deconstructing the opponent's analytical framework, exposing flawed assumptions and methodological weaknesses.
How Can a Rebuttal Expert Witness Effectively Discredit an Opposing Valuation Report?
A rebuttal expert discredits a valuation by systematically exposing its flawed analytical architecture and lack of empirical support.
