Arbitration is a popular choice for dispute resolution in Asian-German cross-border corporate transactions. In Germany, it has become the common method of resolving post M&A disputes. Typical scenarios include disputes about contractual representations and warranties, purchase price adjustments, MAC clauses, earn-outs, escrowed funds, and statutory tort claims. Often legal and accounting questions are intertwined.
In an Asian-German cross-border M&A deal, some common questions arise: Should I select arbitration? If so, what choices should I make in the arbitration clause? Is splitting the seat from the applicable substantive law a good compromise? What are the typical challenges in such matters – e.g. information access after closing and interplay of contractual and tort claims – and how can they be addressed in contract drafting? What, if any, solutions to those challenges are offered by arbitral practice? Is there a difference between common law and German law when interpreting M&A contracts?
With our panel of experienced arbitration lawyers from Singapore and Germany, we discuss some of these questions and learn about recent experiences.
Asian and German Perspectives on Post M&A Disputes
Date: 22 February 2024, 9.00 – 11.00 am (SGT/GMT+8)
Venue: RAJAH & TANN, 9 Straits View #06-07, Marina One West Tower, Singapore
For further information please refer to the programme. This event is supported by SIAC.
Participation in this event is free of charge.
Sorry, this event is fully booked!