M&A and private equity investment activity continues to be affected by volatility in the credit and stock markets and uncertainty in the global economy, particularly in the Eurozone. There is always scope for disputes in large transactions and the economic downturn has caused a notable increase in post-deal challenges in vulnerable markets.
Disputed issues include breaches of warranties and representations, performance-based valuations, working capital adjustments and potential exits. We also deal with breach of trust claims arising out of joint venture arrangements and breach of contract claims arising out of failure to complete.
We have extensive expertise in a variety of post-deal disputes in a wide range of industries including energy, TMT, aviation and financial institutions. We specialise in domestic, European and cross-border disputes and are experienced in various dispute resolution methods including litigation, arbitration, mediation and expert determination.
We know from experience that disputes that arise during times of macroeconomic uncertainty can be a strategic and commercial tool for parties to renegotiate a deal – we work with clients to achieve the best possible results. We have an impressive track record of getting our clients the successful out of court settlements they need.
Notable deals / highlights
Acted for a number of offshore investment companies and their directors in LCIA arbitration proceedings concerning a $1bn breach of contract and breach of trust claim arising out of the acquisition of a large energy business.
Represented companies in Cyprus and Nevis in a number of related LCIA arbitrations against parties registered in Liechtenstein in respect of the acquisition of shares in a trading company. The approximate value of the claims was $150m.
Acted for a BVI company in a $60m breach of contract claim arising out of the acquisition of shares in an energy infrastructure company.
Acted for offshore companies in $50m breach of warranty claims arising out of the acquisition of shares in an aviation business.
Represented a leading private equity house in its defence in post-M&A arbitration proceedings where it was being accused of intentionally not disclosing antitrust issues of major relevance to the target. The approximate value of the claim was €40m.