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M&A transactions, which typically involve share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, are a huge area of commercial activity, giving rise to an expanding number of disputes. In this chapter, John Leadley, a Dispute Resolution Partner based in London, discusses certain key procedural and tactical issues that can arise in M&A-related arbitrations, including requirements for notification of, and financial restrictions on, claims, and issues that arise once an arbitration commences, such as the applicable law, selection of the tribunal and disclosure.

This chapter has been included in the second edition of “A Practical Global Guide on Arbitration of M&A Transactions” published by Globe Law and Business and co-edited by Edward Poulton, Disputes Partner and member of the Firm’s Global International Arbitration steering committee. Many of the chapters in the guide have also been written by lawyers at Baker McKenzie.

To purchase your copy of A Practical Global Guide: Arbitration of M&A Transactions, please click HERE.

Author

Edward Poulton is Managing Partner in Baker McKenzie’s London office and a member of the Dispute Resolution team. A key name in the arbitration community, Ed sits as an arbitrator in ICC and LCIA arbitrations, and is the consulting editor of a seminal text on the arbitration of M&A disputes. He also sits on the steering committee for the Firm’s Global International Arbitration Practice Group. Ed is recognised in the fields of international arbitration and public international law by Legal 500 and Chambers & Partners. Ed Poulton can be reached at [email protected] and +44 20 7919 1606.

Author

John Leadley is a partner in, and chair of, the Baker McKenzie's Global Dispute Resolution team in London. He advises clients on a broad range of commercial litigation, arbitration and alternative dispute resolution, much of it international in nature, relating to general corporate, pharmaceutical and healthcare, and financial services matters. In addition, he regularly advises on product and operational safety risk management, including product recall, environmental and Health & Safety at Work issues. In all these areas, John has extensive experience of advising clients, often at board level, on crisis management, including advice on media and communications issues. John Leadley can be reached at [email protected] and + 44 20 7919 1337.