Role of Arbitration in Mergers and Acquisitions

  • Aditya Bharadwaj
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  • Aditya Bharadwaj

    Student at CMR University, Bengaluru, Karnataka, India

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Abstract

This article investigates the indispensable role of arbitration in navigating the aspect of mergers and acquisitions (M&A) disputes. M&A transactions, crucial for corporate growth, often encounter conflicts related to valuation, representations, and post-closing adjustments. Traditional litigation, with its drawbacks of time and cost, proves less than ideal for resolving these complexities. Arbitration emerges as a significant alternative, offering confidentiality, expertise, and efficiency. This article explores the advantages and challenges of arbitration in the M&A context, highlighting the escalating trend of incorporating arbitration clauses in M&A agreements. Examining jurisdictional considerations, the article sheds light on how the choice of venue influences the effectiveness of arbitration in this specialized domain. Through various case studies, this article contributes insights into the evolving landscape of M&A dispute resolution, highlighting the growing significance of arbitration in facilitating efficient and confidential solutions. This article also further discusses the challenges that might be faced with respect to arbitration in M&A disputes. Further, this article discusses the future developments and trends and that assistance that it provides to facilitate the process of arbitration.

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Article

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 4, Page 580 - 589

DOI: https://doij.org/10.10000/IJLSI.112151

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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