In the field of mergers and acquisitions, warranties and indemnities introduced to share purchase agreements (SPAs) offer certain level of security and allocate risk for unsatisfied expectations. As such, they are the main source of claims arising from M&A transactions. In order for the warranties and indemnities to have a real impact they should be secured – but is this enough? To ease the buyer’s concern regarding the seller’s capacity to pay indemnification amounts, arbitration…
The LCIA’s 2018 Casework Report provides another interesting snapshot of LCIA arbitration in numbers, including improvements in a…
Diag Human S.E. v. Czech Republic – Ministry of Health, 907 F.3d 606 (D.C. Cir. Oct. 26, 2018) [click…
Asia Pacific Australia Final report of government inquiry into banking and financial services A Government inquiry is examining standards and misconduct in the banking and financial services industry, with a final report due by 1 February 2019. Financial institutions have already been served with legal proceedings (including class actions) arising from the inquiry, which is expected to continue. First year of Trans-Pacific Partnership Australia has ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, along…
We are seeing increasing efforts between states and between courts to co-operate over enforcement of judgments. This is…
The ICC committed itself to make arbitration proceedings more efficient and transparent. To reach this objective, the institution…
Governments around the world are becoming increasingly aware of the competition that exists for international disputes work, between and amongst national courts and arbitral institutions. Whilst some courts, such as in England and the US, have long dealt in international cases, other jurisdictions are seeking to win a greater share. In 2006, Dubai opened specialist English-language courts in the DIFC, followed in 2009 by the Qatar International Court, in 2015 by the Singapore International Commercial…
A new generation of legal analysis tools is emerging. All of them rely on innovative use of data,…
Recent Development The Law on the Execution Proceedings for the Collection of Monetary Receivables Arising out of Subscription…
This post is an extract from the first edition of GAR’s The Guide to M&A Arbitration, first published in December 2018. The whole publication is available at https://globalarbitrationreview.com/edition/1001270/the-guide-to-m-a-arbitration-first-edition. Frequency of M&A disputes The frequency of disputes largely depends on market conditions and M&A literacy. Turkey’s attractiveness to investors over the past decade has naturally resulted in an increase in M&A transactions. The number of transactions in Turkey for the year 2016 was 243; for 2015,…