The DIS will hold a side event as part of the XXVIth Congress of International Council for Commercial Arbitration (ICCA). In both cross-border corporate transactions and domestic transactions within Germany, arbitration has become a prevalent method of resolving post M&A disputes.
Typical scenarios include disputes about contractual representations and warranties, purchase price adjustments, MAC clauses, earn-outs, escrow funds, and statutory tort claims. Often legal and accounting questions are intertwined.
In cross-border M&A deals, 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 does arbitral practice offer in German-related cases? Is there a difference between common law and German law when interpreting M&A contracts?
In a Sunday lunch session hosted by CMS, we engage in discussions with our panel of experienced arbitration and M&A lawyers, exploring some of these questions and gaining insights from their recent experiences in international post M&A disputes with a specific focus on the German context.
Date: Sunday, 5 May 2024, 1:00 p.m. (GMT+8)
Venue: CMS, 8th Floor Nexxus Building, 41 Connaught Road Central, Hong Kong.
More information will follow soon.
Max Joite