M&A Disputes – Beyond the Pandemic?

Orrick collaborated with Global Arbitration Review and Lexology to present a panel discussion on the current trends in M&A Arbitration. The webinar was recorded on 15 February 2022 and is available for viewing below.

Many standard SPA clauses were stress-tested during the pandemic (e.g. conduct of business, MAC and force majeure clauses) - not all successfully passed that test and a number of lessons can be learned for the future when drafting SPAs. Sebastian Meul, partner in our Munich offices along with James Rogers of Norton Rose Fulbright and Rachel Thorn of Cooley LLP examined some of them. The discussion highlighted that fact that disputes are now occurring earlier in the pre-closing phase rather than in the post-closing stage and that Covid has caused a number of hurdles, that parties might want to use as pretext to exit deals they deem less advantageous after signing.

For more information or questions please contact [email protected].