“When will mankind be convinced and agree to settle their difficulties by arbitration?” Edward Poulton quotes this question by Benjamin Franklin to introduce the reader to the relatively recent development that parties to mergers and acquisitions (“M&A”) transactions are increasingly considering solving their disputes by arbitration. This trend requires practitioners to become familiar with all the nuances of arbitration in the context of M&A.
In an M&A transaction, just like in any other project, all parties seek the best of the bargain. However, all that glitters is not gold; despite best efforts, disputes may arise. While this is unavoidable, arbitration appears as an attractive means to manage controversies. The reasons supporting this trend in favor of arbitration include confidentiality, party autonomy, and the expertise of arbitrators.
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.