Session details

5th IBA European Corporate and Private M&A Conference

2 Feb - 3 Feb 2017

The Westin Paris

Session information

The ‘known unknown’ 2.0 – loss of profits, direct, indirect and consequential damages in European M&A deals
The Westin Paris


Corporate and M&A Law Committee (Lead)
European Regional Forum


It is only a few words in the remedy provision of an acquisition agreement. Sometimes it is neither debated nor amended from the first draft to signing. And sometimes parties spend whole negotiation sessions on the subject. How important are those buzz words? What do they mean in various jurisdictions? And what are viable compromises? The panel will discuss those questions and, hopefully, give some answers.


Matthijs Kuijpers Stibbe, Amsterdam, the Netherlands
Alexis Werl McDermott Will & Emery, Paris, France
Anna Dabrowska Wardynski & Partners, Warsaw, Poland
Richard Boulton QC One Essex Court, London, England