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Arbitration of M&A Transactions: A Global Practical Guide 

Arbitration of M&A Transactions: A Global Practical Guide 


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About the Book

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.

Table of Contents:
Foreword 7 Lord Hoffmann QC Introduction 9 Edward Poulton Baker & McKenzie LLP Part 1: National threshold issues Australia 13 Sarah Lancaster LCIA Austria 31 Christoph Liebscher Wolf Theiss Brazil 41 Leonardo Furtado Joaquim Tavares de Paiva Muniz Luis Peretti Trench, Rossi & Watanabe China and Hong Kong 53 Justin D’Agostino Damien McDonald May Tai Fanny Tam Herbert Smith Freehills LLP England and Wales 73 Theodor Bruening Catriona Nicol McNair Chambers France 85 Alexandre Fichaux Marie Stoyanov Allen & Overy LLP Germany 107 Guenter Pickrahn Baker & McKenzie LLP India 119 Promod Nair J Sagar Associates Italy 131 Roberto Leccese Ughi e Nunziante Japan 143 Peter Godwin John Ribeiro Herbert Smith Freehills LLP Mexico 159 Reynaldo Urtiaga Bryan, González Vargas & González Baz Netherlands 175 Hilde van der Baan Marieke van Hooijdonk Allen & Overy LLP Russia 183 Vladimir Khvalei Anton Maltsev Baker & McKenzie LLP Singapore 199 Lim Wei Lee Alvin Yeo WongPartnership LLP Spain 211 Jesús Almoguera J Almoguera y Asociados Sweden 219 Per Runeland Johan Strömbäck Setterwalls Switzerland 231 Sébastien Besson Daniel Greineder Nina Thommesen Python & Peter Turkey 241 Ismail G Esin Dogan Gultutan Ali Yesilirmak Esin Attorney Partnership United Arab Emirates and the Middle East 253 Nizar Fadhlaoui DIFC-LCIA Arbitration Centre Nadège Huart Clifford Chance LLP United States 275 Oliver J Armas Hogan Lovells US LLP Part 2: The arbitration agreement Agreement to arbitrate 287 Teresa H Michaud Mark D Taylor Baker & McKenzie LLP Part 3: Common types of disputes in M&A contracts Pre-signing disputes 299 Soledad Díaz Ferrere Abogados Pre-closing disputes 311 Julien Fouret Alexis Mourre Castaldi Mourre & Partners Claims for breach of representations and warranties 325 Noradèle Radjai LALIVE Claims for breach of indemnities 343 Carmen Núñez-Lagos Hogan Lovells LLP Price adjustment and closing account disputes 351 Maggie Stilwell EY LLP Disputes arising from joint venture agreements 369 Jörg Risse Baker & McKenzie LLP Disputes arising from shareholder agreements 379 Rupert D’Cruz Littleton Chambers Tortious claims arising from M&A contracts 391 Deborah Ruff Natasha Walton Norton Rose Fulbright LLP Part 4: Other issues arising from arbitration Antitrust issues 405 Gordon Blanke Baker & McKenzie.Habib Al Mulla Procedural and tactical issues 417 John Leadley Baker & McKenzie LLP Confidentiality 433 Christopher Newmark Spenser Underhill Newmark LLP About the authors 447

Review :
It may well be named the most comprehensive analysis of the most acute problems of arbitration in the sphere of M&A transactions to date. The book may be recommended to graduates and practitioners beginning their legal career in the field of M&A, as well as experienced lawyers and scholars. This book delivers what it promises: a concise introduction to M&A arbitrations, with a global outlook. As such, the prediction of Lord Hoffmann’s foreword, that it should become prima facie evidence of negligence for an M&A lawyer not to possess a copy of this book, may well prove accurate!


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Product Details
  • ISBN-13: 9781905783939
  • Publisher: Globe Law and Business Ltd
  • Publisher Imprint: Globe Law and Business Ltd
  • Height: 240 mm
  • No of Pages: 461
  • Weight: 666 gr
  • ISBN-10: 1905783930
  • Publisher Date: 01 Dec 2013
  • Binding: Hardback
  • Language: English
  • Sub Title: A Global Practical Guide 
  • Width: 160 mm


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