Blasco SchneiderLegal & Corporate Counsel
Home›Lawyers›Commercial Arbitration and Dispute Resolution›Arbitration in M&A Agreements

Arbitration in M&A Agreements

The chosen dispute-resolution mechanism may be as important as the obligations contained in a contract. Acquisitions commonly generate disputes over price adjustments, representations, warranties, earn-outs and indemnities.

What to keep in mind

Plan evidentiary and expert procedures, tribunal composition, applicable law and the interaction with independent-accountant determinations.

An imprecise arbitration clause can increase costs in a technically complex dispute.

Distinctions often confused

Arbitration of contractual breaches differs from a purely technical expert calculation.

Frequently asked questions

Can acquisition price disputes be arbitrated?
Yes, where the dispute is arbitrable and a valid agreement covers it.
Can the tribunal appoint financial experts?
Generally, subject to the chosen rules and due-process protections.

Informational content. It is not a substitute for professional advice.