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ARTICLE · 19 SEPTEMBER 2019

Arbitrating M&A Disputes How The Arbitration Landscape Has Changed And Where Technology Might Take It Next

Norton Rose Fulbright Canada LLP
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Few Latin phrases are remembered better by law graduates than caveat emptor, meaning "buyer beware".

United KingdomLitigation, Mediation & Arbitration
James Rogers
James Rogers
Matthew Buckle
Matthew Buckle
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Introduction

Few Latin phrases are remembered better by law graduates than caveat emptor, meaning "buyer beware". It is the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made. Sophisticated M&A lawyers have long since mitigated this buyer risk through expansive due diligence exercises and tight contractual controls. In particular, M&A deals feature often heavily negotiated representations and warranties, designed to provide a purchaser with a cause of action against the seller in case of skeletons in the closet. Post-acquisition price adjustment mechanisms are another means for the parties to revisit the equilibrium of the transaction after the deal has closed. This article examines the growth of arbitration as a forum for resolving disputes that arise from these contractual mitigants of risk, before considering the impact of legal technology in this area.

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About Norton Rose Fulbright Canada LLP

Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial institutions with a full business law service. We have 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.

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