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Post M&A and Private Equity Investment Disputes

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.

Notable deals and highlights 

  • We 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.
  • We 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.
  • We acted for a BVI company in a $60m breach of contract claim arising out of the acquisition of shares in an energy infrastructure company.
  • We acted for offshore companies in $50m breach of warranty claims arising out of the acquisition of shares in an aviation business.
  • We 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.