Business separation, decided on the operating agreement.

Disputes among the owners of a closely held business combine fiduciary complexity with commercial urgency. They are well suited to arbitration: the parties generally want privacy, speed, and a decision-maker who will read the governing documents closely.

Typical matters

• Breach of fiduciary duty among partners, members and directors
• Oppression of minority interests; access to books and records
• Buyout, valuation and appraisal disputes
• Deadlock, dissolution and wind-up
• Diversion of opportunity and restrictive-covenant claims

Procedure

Valuation disputes are managed through an early conference addressing the valuation date, standard of value and discount methodology, before the parties incur the cost of competing expert reports.