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Sub practice
Sub practice

M&A, JV and Shareholder Arbitration

Allen & Overy’s International Arbitration team represents major international companies in arbitrations arising out of corporate activity.

Our deeply experienced lawyers work closely with the firm’s leading corporate transactions practice to advise on disputes relating to mergers and acquisitions, shareholder agreements, sale and purchase agreements, joint ventures and disputes between shareholders.

These claims often concern the parties’ rights to exercise certain options, breaches of warranties and representations, and the valuation of businesses and their assets. We have extensive experience of working on complex claims concerning the extent of loss suffered, working closely with accountants and other financial experts.

Where parties are involved in ongoing business relationships, such as joint ventures and shareholder disputes, we understand the commercial need to maintain relationships while resolving issues. We are adept at aligning case strategy with business needs, including through the use of amicable means of settlement, such as mediation.

In developing markets, the State may be an essential stakeholder, license provider, business counterparty or joint venture partner. We routinely act for State entities and investors in dispute resolution and understand the issues on both sides.

In addition to acting on disputes, we also advise clients on structuring corporate deals to mitigate risks should a dispute arise.

Our experience includes advising:

  • Joint venture partners Reliance Industries Limited and BG Exploration and Production India Limited on a London-seated arbitration against the Government of India (UNCITRAL Rules) arising from two Production Sharing Contracts relating to oil and gas fields off the west coast of India. More than USD5 billion is in dispute.
  • A leading State-owned company active in the oil and gas sector, in an ICC arbitration with a foreign joint venture partner in relation to the delay or failure of a USD1.2bn project in a Central American country.
  • The subsidiary of a major state-owned entity in a dispute with a leading technology company relating to a joint venture for the distribution of artificial intelligence products. The case was successfully settled. 
 

News & insights

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Publications: 02 DECEMBER 2020

Material adverse effect clauses and Covid-19

A Material Adverse Effect clause in an share purchase agreement  excluded conditions resulting from a pandemic except where those conditions would have a disproportionate effect on the target…

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Publications: 02 DECEMBER 2020

Reflective loss rule does not apply to claim by indirect shareholder

The rule against reflective loss does not apply to a claim by an “indirect” shareholder in a company. Applying the rule, as restated by the majority of the Supreme Court in Marex v Sevilleja, to a…

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Publications: 08 JULY 2020

Global trends in private M&A: Covid-19 update

Our analysis of private M&A deals signed so far this year shows just how fundamentally the market has changed since the onset of the coronavirus crisis.

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Publications: 29 MAY 2020

Ashwani Minda v U-Shin: The Delhi High Court's recent observations on emergency arbitrator relief and the availability of court-ordered interim measures

The Delhi High Court has held that the choice of certain institutional arbitration rules could potentially disentitle parties to foreign-seated arbitrations from approaching the Indian courts for…

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Awards

  1. Band 1, Dispute Resolution, Global-wide, Chambers Global 2019
  2. International Arbitration Firm of the Year, Benchmark Litigation Asia-Pacific Awards 2019
  3. Best Arbitration Team of the Year in Spain and Portugal, 2019 
 

Recognition

Read our blog

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Compact contract - a brief look at topical issues in contract law

A blog where experts from Allen & Overy analyse the latest contract law themes and developments, and what they mean for your business.

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