Commercial Litigation & Dispute Resolution

M&A Warranty Claims

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Make an M&A warranty claim

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. 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.

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M&A Warranty Claims

M&A Warranty Claims

Make an M&A warranty claim

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. 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.

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