Consulting editor(s): Edward Poulton - Baker McKenzie
Publication date: Mar 2020
Review from previous edition: 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.
Review from previous edition: 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!
In an increasingly globalised and complex 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 the second and expanded edition of 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 a number of 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. The second edition contains not only valuable updates to the first edition, but includes new chapters covering a number of additional jurisdictions (including Peru and Poland). It also introduces a number of additional chapters on third party funding and warranty and indemnity insurance, as well as key concepts of valuation in the arbitration context and the quantification of damages for breach of representations and warranties.
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.