Resolving Post-M&A Disputes: Arbitration, Expert Determination, and Hybrid Mechanisms Compared

Presentation

Post-M&A disputes frequently sit at the intersection of legal interpretation, accounting principles, valuation techniques, and deal mechanics. Whether relating to purchase price adjustments, earn-outs, or warranty claims, these disputes raise a recurring strategic question: which dispute resolution mechanism is best suited to resolve them efficiently and fairly?

This panel will explore how post-M&A disputes are resolved in practice, comparing arbitration, expert determination (including mechanisms similar to French Article 1592 of the Civil Code), and hybrid approaches increasingly found in modern transaction documents.

Drawing on real-life experience, the discussion will focus on how parties allocate issues between arbitrators and experts, and on the practical consequences of these choices.

The panel will address, among others, the following issues:
• Arbitration versus expert determination: when and why?
• Managing the boundary between legal disputes and technical or accounting issues
• Speed, cost, enforceability, and procedural safeguards: a comparative assessment
• Lessons learned for drafting effective post-M&A dispute resolution clauses

The session aims to provide transactional and disputes practitioners with a pragmatic framework to assess and design dispute resolution mechanisms for post-M&A disputes and will be followed by a cocktail.

Additional speakers TBA.