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Tactics in M&A Arbitration

Tactics in M&A Arbitration

Tactics in M&A Arbitration

Author: Dr Karl J T Wach; Frank Meckes
Publisher: Sweet & Maxwell U.K.
ISBN: 9783941389007
Published In: October 2008
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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In today’s globalised economy increasing numbers of M&A transactions are international, both in terms of parties and subject-matters. The same applies to disputes arising out of such transactions. These disputes are typically referred to arbitration, which has become the preferred dispute resolution method in international business. Arbitration is inherently flexible, given the freedom of the parties to select arbitrators and to adjust the process according to their needs. This creates scope for tactical manoeuvre which, skilfully handled, can contribute significantly to the successful outcome of a dispute for a party. Tactics in arbitration proceedings are generally more significant than proceedings before courts, which are handled in accordance with established and very detailed procedural rules. It is essential for the parties to know how to use the extra tactical scope bestowed by arbitration to best effect, and in good time.
Part I: Tactics in M&A Arbitration
- Selection of adequate proceedings
- Structuring the arbitration agreement (procedural rules, place and language of arbitration, multi-party situations
- Preparing the proceedings
- Constitution of arbitration tribunals
- Interim relief
- Institution of proceedings and suspension of limitation periods
- Termination of the arbitration proceedings
- Measures against the arbitration award
- Recognition and enforcement of the arbitration award
Part II: Arbitration Rules and National Arbitration Laws

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