Arbitration in M&A Transactions: Laws of New York and Delaware
The first part of partner Fred Fucci’s article “Arbitration in M&A Transactions” was published in Dispute Resolution Journal (Volume 71, No.2) and outlines the aspects of M&A transactions that tend to give rise to disputes, and how arbitrators hearing those disputes have decided them so as to help practitioners minimize risk and highlight the unique aspects of arbitration as a method of resolving disputes in M&A. The first part deals with pre-contractual arrangements such as Letters of Intent and purchase price adjustments. Parts II and III, to be published later this year and early next, will deal with disputes over other M&A issues such as conditions to closing, material adverse changes, breach of rep and warranty, earnouts, tax claims and remedies for breach - and how they have been resolved by arbitration.