The DIS will hold a side event as part of the 3rd Annual California International Arbitration Week (CIAW). Also, the DIS is pleased to support this year the CIAW as a Nonprofit Partner.
Arbitration is a popular choice for dispute resolution in US-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 a US-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 procedural challenges in such matters 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 the US and German law when interpreting M&A contracts? What are the major distinctions, if any, between arbitrating post M&A disputes in the US and in Germany?
With our panel of experienced arbitration and M&A lawyers from Germany and California, we discuss some of these questions and learn about recent experiences.
Date: Wednesday, 13 March 2024, 3:15 p.m.
Venue: Hyatt Regency San Francisco (Embarcadero Center). Program will be streamed for those unable to attend in person.
More information will follow soon.