Arbitration of M&A Transactions

Rezensionen / Stimmen

Lawyers as well as arbitrators should lose no time in acquiring this book. Out now in a new edition from Globe Law and Business for 2020, it should, ideally, be considered essential reading for anyone dealing professionally with M&A (mergers and acquisitions) transactions.

Lawyers will be interested in the fact that many of the articles on the subject therein are written by leading lawyers practicing internationally from leading law firms such as Baker McKenzie, Herbert Smith Freehills and Allen & Overy. 'Drawing on their extensive experience,' says consulting editor Edward Poulton', 'each of the authors has sought to derive some general themes and lessons.'

As many have come to expect from Globe Law and Business, this book provides readers with pertinent, accurate and authoritative advice from thirty-five expert contributors and seventeen countries: Austria, China and Hong Kong and France, for example, through to Sweden, Turkey and the United States of America. A wealth of high-powered consultancy is here on offer in one handy volume.

Yes, this book is a compilation and a valuable one, especially for practitioners involved in cross-border issues. As mentioned in the book's introduction, 'the increasingly international nature of M&A means that the relative (and arguably growing) ease with which arbitration awards can be enforced around the world is a real advantage.'

It is also pointed out in the article on England and Wales that 'given the often complex, specialised, cross-border and sensitive nature of many M&A transactions, arbitration is often viewed as the most preferable forum in which to resolve disputes arising from such transactions.' A cautionary note, however, warns that in England and Wales, 'an arbitration clause should be drafted as widely as possible to catch all intended disputes' and that 'certain disputes will not be capable of being referred to arbitration under English law.'

Nonetheless, as Globe points out, arbitration is now becoming the dispute resolution mechanism of choice for international M&A transactions, ranging from share purchase agreements to joint venture arrangements and of course much more.

This book, comments Lord Hoffmann in the foreword, 'is well worth reading for anyone who is interested in arbitration, but for lawyers involved in an M&A transaction, it will need to be consulted as soon as the first instructions arrive.'

The date of publication of this hardback second edition is cited as at 30th April 2020. -- Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, "The Barrister", and Mediator The key message that came through from this book is clear: Parties to M&A transactions should be mindful of the potential issues and their resolution (whether through arbitration or other methods) not only at the time the dispute arises, but more importantly, these should be considered at the very beginning of the transaction and also at the drafting stage. All in all, the contributors and editors of this book should be well congratulated for successfully compiling a succinct, informative and practical guide on the relevant key issues surrounding M&A disputes and its related arbitration. -- Angela Yap To the practitioner tackling this field, whether veteran or apprentice, this book will prove invaluable. It serves as a useful and practical guide that any practitioner can turn to for quick and relevant practical advice on the issues that arise every day in international M&A arbitration. -- Alexis Martinez The topics included in this Book are ground breaking, and provide different perspectives that prove to be of importance for both the negotiations and execution of a M&A contract, and the processing of an arbitration. I truly believe that this Book will provide its readers with a thorough analysis of many of the issues that can arise from M&A transactions, from a practical point of view, which bears great significance for all corporate and arbitration lawyers who are dealing with related matters. I highly recommend this insightful read. -- Aracelly Lopez This book was edited by Edward Poulton and written by practitioners - both lawyers and accountants - with extensive expertise in a wide variety of jurisdictions. It is certainly one of the most useful materials for practitioners in the field, for it covers many relevant jurisdictions as well as common issues arising in the context of M&A arbitration. -- Maria Florencia Garcia and Ivan Levy