International M&A Disputes

On June 27, international litigation and arbitration partners Julie Bédard, Gregory Litt and Timothy Nelson, along with M&A partner Michael Civale, presented a webinar titled “International M&A Disputes.” The webinar addressed how cross-border M&A transactions are resolved through international arbitration and expert determination, how to anticipate and avoid common pitfalls (including at the drafting stage), and strategies for achieving an optimal outcome through the disputes process. Topics included forced closings of transactions, and resorting to courts and arbitration; choice of arbitration versus expert determination; post-closing adjustments, disputed representations/warranties and indemnification claims; fraud claims in arbitration; arbitral disputes over buyout clauses, put and call options, and pre-emption rights; and assessment of damages and valuation issues.