M&A Litigation and Arbitration: Navigating Strange Seas in Familiar Territories
Mergers & acquisitions (M&A) do not always end well. If the seller and buyer cannot find a solution, the courts and arbitration tribunals have to decide. Whilst M&A transactions follow an international standard, there remain differences between countries. What are the differences, and how do you address these differences during M&A litigation? We’ll discuss:
- An overview of the market practice, legal environment, and cultures, in France, Germany, and Poland.
- Sample clauses and case studies of preventive measures in the transaction process and the Share Purchase Agreement (SPA) in order to avoid uncertainties and disputes as regards the calculation of the final purchase price or violation of representations and warranties, etc.
- Enforceability of the breakup fee clause?
- Arbitration clause or not?
- Litigation / arbitration strategy in the event of a dispute.
- Cross-border M&A litigation issues including International Chamber of Commerce (ICC) or national arbitration rules.
Gain insights on M&A litigation in different jurisdictions, and how to navigate any differences that arise.
+420 246 042 453