In-depth
The Guide to M&A Arbitration - Third Edition
M&A disputes can be unique in their hostility and complexity. The Guide to M&A Arbitration – published by Global Arbitration Review – is a practical guide on what merger parties should think about when it comes to disputes. It pools the wisdom of specialists on how to prevent these disputes arising and how best to resolve them when it is too late. The guide is structured in two sections. Part I consists of eight chapters on planning and procedural issues, covering everything from drafting clauses to how to structure contracts to minimise the potential for disputes. Part II offers a geographical survey of important differences in national laws that may affect the outcome of a dispute. It is written by 38 specialists from a variety of backgrounds and takes a practical approach throughout.
Introduction
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Introduction By Amy C KläsenerDentons
Part I: Key Issues in M&A Arbitration
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Drafting Arbitration Clauses in M&A Agreements By Anne Véronique Schlaepfer and Alexandre MazuranicWhite & Case SA
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Joinder and Consolidation in M&A Arbitration By Anke MeierNoerr
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Conflicts between Expert Determination Clauses and Arbitration Clauses By Wolfgang Peter and Daniel GreinederPeter & Kim
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Special Issues in Connection with Warranty and Indemnity Insurance By Amy C Kläsener and Thomas H WebsterDentons and Law Offices of Thomas Webster
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The Role of the Quantum Expert in M&A Disputes By Andrew Grantham, Kai F Schumacher and Greg Huitson-LittleAlixPartners
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Managing Expert Determinations By Gerald (Jerry) M HansenForensic Risk Alliance
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Third-Party Funding in International Arbitration By Hussein Haeri KC, Clàudia Baró Huelmo and Giacomo GasparottiWithers
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Drafting M&A Contracts to Minimise the Risk of Disputes By Jonathan M MosesWachtell Lipton Rosen & Katz
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Resolution of Purchase Price Disputes in M&A Transactions By William S Dudzinsky, Lance J Phillips, Amy Chen and Michael ManninoEversheds Sutherland
Part II: Survey of Substantive Laws
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China By Ariel Ye and Huang TaoKing & Wood
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France By Jean-Fabrice Brun and Edouard VieilleCMS Francis Lefebvre Avocats
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Germany By Michael RohlsFreshfields
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Hong Kong By Paul StarrKing & Wood
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Italy By Alessandro ScagliariniFieldfisher
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Japan By Hiroki AokiNagashima Ohno & Tsunematsu
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Russia By Andrey PanovShanghai Lang Yue Law Firm
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Singapore By Philip Jeyaretnam SC and Lau Wen JinDentons Rodyk & Davidson LLP
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South Korea By Chul-Won Lee, Una Cho and Hye Won ChinKim & Chang
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Switzerland By Michael Bösch and Patrick RohnThouvenin Rechtsanwalte
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Turkey By Ismail G Esin, Yalın Akmenek, Ali Selim Demirel and Demet KasarciogluEsin Attorney Partnership
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United Kingdom By William Hooker and Irene DingBoies Schiller Flexner
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United States By Martin F GusyK&L Gates LLP