Dispute Resolution /

M&A Warranty Claims

Post-M&A disputes and warranty claims are on the rise in today’s fast-paced and complex M&A environment. Parties in a transaction are under pressure to maximise deal value, especially in challenging economic times like a pandemic.

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M&A Warranty Claims

  • Key contact

    Robin Henry

    Robin Henry

    Partner - Head of Dispute Resolution Services

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  • The Team

    Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.

    ArrowMeet the team

  • Our Publications

    Discover a wealth of invaluable guidance in the form of guides and brochures written by our expert lawyers.

    ArrowSee our downloads

  • Our insights

    Discover the latest insights and thought leadership from our team of legal experts.

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About

Make a M&A warranty claim

Buyers and sellers often find themselves in a dispute over a range of issues, such as:

  • Financial disputes and purchase price adjustments
  • Unforeseen exposures due to weak pre-deal due diligence
  • Breaches of representations and breach of warranty claims
  • Allegations of fraud
  • Unwinding transactions where post-completion conditions are not satisfied

Expert support for post-deal M&A and warranty claims

When M&A and warranty claims arise, it is important to identify the relevant facts, systematically isolate the main commercial issues, and understand the potential economic impact as soon as possible. M&A and warranty claims can involve complex technical and financial issues, as well as cross-border locations, multiple jurisdictions and languages, and different accounting standards. Large sums, usually in the millions, are involved in these types of claims.

Fortunately, many M&A and warranty claims can be resolved through negotiation or mediation, which is often the best solution considering that trust and good-faith communication is essential to the business relationship of the parties post-merger. We support clients through all forms of alternative dispute resolution, which allows the parties to exercise greater control and creativity over the way their dispute is resolved than would be the case in court litigation.

If no settlement can be reached, we look to arbitration or formal litigation to resolve the claim. Most disputes involving warranty claims are typically resolved in arbitration.

Spotlight

Islamic finance

Our financial services team has experience in drafting and negotiating master purchase and sale agreements for Islamic finance products, including commodity based Murabaha trades and Sukuk bonds, negotiating with a number of Middle Eastern Banks in the process.

On the disputes side, we have been instructed by a number of state-owned Middle Eastern banks over the years on various financial and commercial dispute matters. As such we are aware and very familiar with the business and other cultural issues involved in acting both for and against clients in the Arab world.

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M&A Warranty Claims Publications

M&A Warranty Claims insights

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Need some more information? Make an enquiry below



    M&A Warranty Claims key contacts

    M&A Warranty Claims

    M&A Warranty Claims

    M&A Warranty Claims

    Post-M&A disputes and warranty claims are on the rise in today’s fast-paced and complex M&A environment. Parties in a transaction are under pressure to maximise deal value, especially in challenging economic times like a pandemic.

    • Key contact

      Robin Henry

      Robin Henry

      Partner - Head of Dispute Resolution Services

      ArrowView profile

    • The Team

      Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.

      ArrowMeet the team

    • Our Publications

      Discover a wealth of invaluable guidance in the form of guides and brochures written by our expert lawyers.

      ArrowSee our downloads

    • Our insights

      Discover the latest insights and thought leadership from our team of legal experts.

      ArrowFind out more

    Make a M&A warranty claim

    Buyers and sellers often find themselves in a dispute over a range of issues, such as:

    • Financial disputes and purchase price adjustments
    • Unforeseen exposures due to weak pre-deal due diligence
    • Breaches of representations and breach of warranty claims
    • Allegations of fraud
    • Unwinding transactions where post-completion conditions are not satisfied

    Expert support for post-deal M&A and warranty claims

    When M&A and warranty claims arise, it is important to identify the relevant facts, systematically isolate the main commercial issues, and understand the potential economic impact as soon as possible. M&A and warranty claims can involve complex technical and financial issues, as well as cross-border locations, multiple jurisdictions and languages, and different accounting standards. Large sums, usually in the millions, are involved in these types of claims.

    Fortunately, many M&A and warranty claims can be resolved through negotiation or mediation, which is often the best solution considering that trust and good-faith communication is essential to the business relationship of the parties post-merger. We support clients through all forms of alternative dispute resolution, which allows the parties to exercise greater control and creativity over the way their dispute is resolved than would be the case in court litigation.

    If no settlement can be reached, we look to arbitration or formal litigation to resolve the claim. Most disputes involving warranty claims are typically resolved in arbitration.

    SPOTLIGHT

    Islamic financeopen

    Our financial services team has experience in drafting and negotiating master purchase and sale agreements for Islamic finance products, including commodity based Murabaha trades and Sukuk bonds, negotiating with a number of Middle Eastern Banks in the process.

    On the disputes side, we have been instructed by a number of state-owned Middle Eastern banks over the years on various financial and commercial dispute matters. As such we are aware and very familiar with the business and other cultural issues involved in acting both for and against clients in the Arab world.

    M&A Warranty Claims Publications

    M&A Warranty Claims insights

    View all insights

    Need some more information? Make an enquiry below.

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