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Vol 21 No 11 Nov/Dec 2016

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Arbitration of M&A Transactions: A Global Practical Guide

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Edited by: Edward Poulton

ISBN13: 9781905783939
Published: December 2013
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £140.00



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In an increasingly globalised economy, arbitration is becoming the dispute resolution mechanism of choice for international M&A transactions. Spanning share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, this is a huge area of commercial activity, giving rise to an expanding number of disputes.

In this title leading experts in the field of international arbitration provide legal and practical guidance on the key types of dispute likely to arise from M&A transactions (eg, warranty claims, shareholder disputes, claims relating to completion accounts), and offer procedural and tactical tips for arbitration arising from them. The content also covers the fundamental questions of arbitrability, confidentiality, freedom to choose the governing law (and questions of mandatory law) and enforceability in 20 key jurisdictions. Together, the contributors provide a one-stop guide to the legal, tactical and practical aspects of arbitration in today's M&A market.

Whether you are a lawyer in private practice or are involved in M&A in the broadest sense, this commercially focused title will provide you with holistic, practical insight into the arbitration of M&A transactions.

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Subjects:
Mergers and Acquisitions, Arbitration and Dispute Resolution
Contents:
Foreword
Preface

Section 1: Threshold issues
Australia
Austria
Brazil
China and Hong Kong
France
Germany
India
Italy
Japan
Mexico
Netherlands
Russia
Singapore
Spain
Sweden
Switzerland
UAE and the Middle East
United Kingdom
United States

Section 2: The arbitration agreement
Agreement to arbitrate

Section 3: Common types of disputes in M&A contracts
Pre-signing disputes
Pre-closing disputes
Claims for breach of warranties and representations
Claims for breach of indemnity
Price adjustment and closing account disputes
Disputes arising from joint venture agreements
Disputes arising from shareholder agreements
Tortious claims arising from M&A contracts

Section 4: Other issues arising from the parties’ wish to arbitrate their disputes
Anti-trust and competition issues
Procedural and tactical issues arising in M&A disputes
Confidentiality