Arbitration in domestic and international takeovers & mergers of companies
Takeovers and mergers are complex business transaction especially when they take place cross-border. Due to its complex nature, it is inevitable that some takeovers and mergers deals result in disputes. Takeovers and mergers can be successful by implementing a problem solving system that deals wi...
| Main Authors: | , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/58737/ http://irep.iium.edu.my/58737/ http://irep.iium.edu.my/58737/1/58737.pdf |
| Summary: | Takeovers and mergers are complex business transaction especially when they take place
cross-border. Due to its complex nature, it is inevitable that some takeovers and mergers
deals result in disputes. Takeovers and mergers can be successful by implementing
a problem solving system that deals with a dispute at an early stage. This corporate
exercise also involves a lengthy procedure. Disputes may thus arise at different stages of
the corporate exercise; the very initial stage of takeovers and mergers involving the due
diligence process itself frequently gives rise to disputes. Many disputes also arises at postclosing
stage involving representations and warranties. It is also possible for disagreement
and disputes to arise in relation to ancillary agreements related to intellectual property
issues and management agreements. Arbitration has emerged as a preferred method to
resolve takeovers and mergers related disputes. This paper discusses the importance
of arbitration at various stages of takeovers and mergers. The paper detailed out the
disputes at various stages of takeovers and mergers. It then examined the role arbitration
can play at the various stages involving specific problems and complications related to
takeovers and mergers. The paper highlights the advantages of arbitration and examines
its effect on takeovers and mergers of companies. |
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