In the Lunch DIScussion on 11 May 2023, Nadja Jaisli Kull (Bär & Karrer), Marina Weiss (Bredin Prat) and Benno Jacke (Value Trust), in a lively debate moderated by Daniel Engel (Hengeler Mueller), discussed trends and developments in post M&A arbitration together with more than 120 virtual participants.
The panel discussed whether the various recent crises and their impact on the M&A market have already led to an increase in post M&A disputes in Europe. The panel concluded that this would probably be the case in the long run but that it was yet too early to judge. In addition, the panel talked about current trends in their respective practice, such as closing account disputes, earn out arbitrations and proceedings resulting from distressed M&A and W&I insurances. Further, the panel put a critical spotlight on expert determination proceedings in M&A disputes, arguing that the delimitation between the competencies of the expert and the arbitral tribunal tended to extend the length of proceedings and to add unnecessary complexity thereto. Together with the virtual audience, the panel considered possible solutions such as a dispute manager or adding an accounting expert to the tribunal. Towards the end, the panelists discussed how complex issues of valuation and quantum determination can best be presented to the arbitral tribunal. The debate therefore brought valuable insights from different jurisdictions and different expertise about the current post M&A arbitration trends and developments.