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 New York and German law when interpreting M&A contracts?
Join us for 2.5 hours at King & Spalding on 14 November 2023 at 5.00 pm. With our panel of experienced New York and German arbitration and M&A lawyers, we discuss some of these questions and learn about recent experiences.
For further information and registration please refer to the programme or to our website.
Jan K. Schäfer