We comprehensively represent clients in corporate disputes. Arbitrations following the acquisition of a company make up a large portion of our cases. But we also regularly act in other types of cases, including, for example, joint venture disputes or cases related to managing director liability.
Disputes following the sale or acquisition of a company (so-called post-M&A disputes) are classic cases in arbitration. When purchasers of a company raise claims after an acquisition, they frequently rely on accounting guarantees or other guarantees contained within the company purchase agreement. Likewise, a purchaser will frequently claim that a seller has violated a pre-contractual duty to disclose information – sometimes rightly (especially when a seller disguised the true status of the company sold), sometimes abusively (when a purchaser sees proceedings as a method for renegotiating the purchase price). Every post-M&A dispute has its own industry and sector-specific characteristics. We have particular expertise in post-M&A disputes in the pharmaceutical, infrastructure and real estate sectors.
We also have in-depth experience with disputes based on claims related to earn-out rules (or earn-out protection rules). Not only do we represent our clients in the main dispute proceedings (regularly arbitration), we also represent clients in any preceding expert determination proceedings.
We are also very familiar with the particularities of joint venture disputes as well as disputes arising out of failed or existing joint ventures. Furthermore, we have particular know-how concerning cases related to board and managing director liability (also with directors and officers liability insurance coverage) and understand the necessity of internally providing a basis for the decision to pursue (or not to pursue) such claims. We also have experience in other areas, including equity capital substitution and hidden non-cash contributions as well as with (other) disputes related to insolvency law.