DIS@PAW: International and German Perspectives on Post M&A Disputes

Presentation

Arbitration is an increasingly popular choice for dispute resolution in cross-border corporate transactions. In Germany, it has become the common method of resolving post M&A disputes. Typical scenarios include disputes about contractual representations and warranties, purchase price adjustments, MAC clauses, earn-outs, escrowed funds, and statutory tort claims. Often legal and accounting questions are intertwined.

In a cross-border M&A deal, some common questions arise: Should I select arbitration? If so, what choices should I make in the arbitration clause? Is splitting the seat from the applicable substantive law a good compromise? What are the typical procedural challenges in such matters and how can they be addressed in contract drafting? What, if any, solutions to those challenges are offered by arbitral practice? Is there a difference between common law and German law when interpreting M&A contracts?

With our panel of experienced arbitration and M&A lawyers, we discuss some of these questions and learn about recent experiences.
Join us over a (second) breakfast for 2.0 hours at King & Spalding on 20 March 2024 at 10.30 am.

For further information please refer to the programme: https://www.disarb.org/dis-paw2024-international-and-german-perspectives-on-post-ma-arbitration.

Please register by 13 February 2024. Participation in the event is free of charge.
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