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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 and insights

image of Zachary O'Dell

News: 31 January 2023

Lateral counsel hire Zachary O’Dell bolsters international focus of Allen & Overy’s arbitration practice in Germany

Allen & Overy strengthens its global arbitration group with the addition of Zachary O’Dell who will join the firm as counsel with effect from 1 February 2023. He brings wide ranging experience in…

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Senior Male Research Scientist is Using a Tablet Computer in a Modern High-Tech Laboratory. Genetics and Pharmaceutical Studies and Researches.

Blog Post: 25 October 2022

Arbitration in Life Sciences Disputes: a View from New York

Life science companies are increasingly turning to international arbitration as a preferred dispute-resolution mechanism due to its confidentiality, comparative cost-effectiveness, and nearly…

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Three colleagues holding documents in conversation

Publications: 15 September 2022

The Supreme Court of Thailand issues judgement endorsing the use of SIAC Expedited Procedure

The Supreme Court of Thailand has burnished its pro-arbitration credentials in a recent decision that recognises the primacy of the SIAC Expedited Procedure and promotes certainty for parties involved…

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Windows reflecting the sky

Publications: 12 July 2022

No anti-suit injunction available against a state

In the absence of consent by the state, a party will not be able to obtain an anti-suit injunction against a state (nor any other injunction or order for specific performance). Venezuela was entitled…

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Awards

  1. Band 1, Dispute Resolution, Global-wide, Chambers Global 2022
  2. International Arbitration Firm of the Year, Benchmark Litigation Asia-Pacific Awards 2020
  3. Leading firm (top tier) ranking in the “Leaders League” table for International Arbitration (Spain) 2022
 

Recognition

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