M&A practitioners spend considerable time and energy in avoiding post-closing disputes. However, sometimes they seem unavoidable. In light of this awareness, we turn our attention to one of the contractual provisions, which are often negotiated at the end of a deal: the jurisdiction clause. What considerations are important in that context? Is litigation by definition seller-friendly? Is arbitration favouring the party with more financial means? Is arbitration faster than litigation, but more expensive? Which should be chosen if supervisory measures are anticipated? The panel will discuss these questions and shed some more light on other aspects of the ‘right choice’ between arbitration and litigation.
Guy Harles Arendt & Medernach, Luxembourg; Vice-Chair, IBA Corporate and M&A Law Committee
Bertrand Cardi Darrois Villey Maillot Brochier, Paris; Newsletter Vice Editor, IBA Corporate and M&A Law Committee
Marnix Leijten De Brauw Blackstone Westbroek, Amsterdam
Wolfgang Peter Peter & Partners International Ltd, Geneva