Often involving complex, cross-border issues, our team has a great deal of experience in resolving the full range of post-M&A disputes.
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Partner - Head of Dispute Resolution Services
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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:
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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Partner - Head of Dispute Resolution Services
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