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
Publications: 05 May 2022
Historically, Singaporean law prohibited third party funding arrangements and outcome-related fee structures (ORFS) such as “No-Win, No-Fee” or “No-Win, Less-Fee”.
Publications: 02 December 2020
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…
Publications: 02 December 2020
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…
- Band 1, Dispute Resolution, Global-wide, Chambers Global 2022
- International Arbitration Firm of the Year, Benchmark Litigation Asia-Pacific Awards 2020
- Leading firm (top tier) ranking in the “Leaders League” table for International Arbitration (Spain) 2022
Prominent international team which maintains a respected arbitration practice.
Chambers Global 2022, International Arbitration, Global Market Leaders
Allen & Overy is an exceptional magic circle firm with an extensive global presence in key jurisdictions worldwide, housing leading disputes teams across Europe and Asia.
Chambers Global 2022, Dispute Resolution: Multi-Jurisdictional
The team has significant expertise in oil and gas litigation, including price reviews of long-term supply contracts and post-M&A disputes.
Legal 500 UK 2020, International Arbitration
Commentators praise the firm, stating that ‘they undoubtedly have a fantastic practice,’ and describing the arbitration group as a ‘truly global practice.’
Chambers Global 2018, International Arbitration, Global-wide
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Recent developments and emerging trends in international arbitration law and policy