DIS@Hongkong: International and German Perspectives on Post M&A Disputes

Newsletter 3/2024 - International Activities: Past Events

Contact
5 May 2024, Hong Kong

On May 5, 2024, DIS organized a side event during ICCA 2024 Hong Kong, focusing on International and German Perspectives on Post M&A Disputes. In a Sunday lunch session hosted by CMS, participants delved into current issues and recent experiences in resolving disputes arising from M&A transactions.

After a welcome by Mariel Dimsey, Torsten Lörcher provided an overview of DIS, followed by a discussion involving seasoned arbitration lawyers from Asia and Germany moderated by Nicolas Wiegand. Dorothee Ruckteschler opened the dialogue by exploring the typical nature of post M&A disputes and the specific challenges they present in arbitration practice. Nils Eliasson offered insights from his practice across Asian and European jurisdictions, comparing the approaches to post-M&A disputes between continental European civil law and Hong Kong and Singapore’s common law practices.

The panelists further explored specific aspects of M&A deals prone to generating consequential disputes, such as pre-closing conditions, material adverse events, warranties, and earn-out clauses. Dominique Yong provided an overview comparing from a Hong Kong common law perspective contractual warranties with common law and statutory remedies. Yunsoo Shin shared the Korean experience in M&A-related disputes, focusing on fraud allegations concerning representations and warranties.

Overall, the session provided a highly informative overview of the complexities faced by arbitration practitioners in M&A-related disputes, setting the stage for many more discussions in the course of ICCA 2024 in Hong Kong.

Max Joite

 
back
Important notice: Outdated web browser INTERNET EXPLORER

The DIS website is not fully compatible with the outdated web browser INTERNET EXPLORER, for which security updates are no longer being provided. Some important functions of the website are not available (e.g. cost calculator, member access) or availability is limited (e.g. event area) with INTERNET EXPLORER.
For full use of the DIS website, please switch to an up to date web browser such as Chrome, Edge, Firefox or Safari.