M&A, JV and Shareholder Arbitration

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.