Arbitration of M&A Transactions

Arbitration of M&A Transactions
Author: Edward Poulton
Publisher: Globe Law and Business Limited
Total Pages: 0
Release: 2014
Genre: Consolidation and merger of corporations
ISBN: 9781905783939

In this title leading experts in the field of international arbitration provide legal and practical guidance on the key types of dispute likely to arise from M&A transactions (eg, warranty claims, shareholder disputes, claims relating to completion accounts), and offer procedural and tactical tips for arbitration arising from them. The content also covers the fundamental questions of arbitrability, confidentiality, freedom to choose the governing law (and questions of mandatory law) and enforceability in 20 key jurisdictions.

M&A Disputes

M&A Disputes
Author: A. Vincent Biemans
Publisher: John Wiley & Sons
Total Pages: 390
Release: 2017-07-31
Genre: Business & Economics
ISBN: 1119331919

Navigate M&A accounting arbitrations with insider perspective M&A Disputes takes you inside the dispute resolution process to help you put together the many "moving parts" necessary to obtain a successful outcome. With deep insight from experts in the field—including valuable advice from the arbitrator's perspective—this book guides you through the entire process to explore the variables at work. The high volume of M&A transactions makes post-closing price adjustment provisions and accounting arbitrations a critical part of doing business. Yet, the field is opaque to non-practitioners and important issues can be easily misunderstood without specific knowledge and experience. A resulting award can make or break a transaction; an intimate understanding of the process's inner working can help you plan your position to the greatest advantage. This book explores the many factors that that contribute to a successful resolution across the entire transaction life cycle from contract negotiation through the dispute phase including due diligence, determination of the target net working capital, conception and closing of the purchase agreement, post-closing negotiation and dispute resolution, the impact of accounting practices, guidance, and documentation as well as relevant auditing concepts, and various facts and circumstances surrounding the target business and the transaction that need to be considered. M&A volume remains high and continues to result in large numbers of current and future post-closing M&A disputes. Clients rely on their attorneys and advisers to guide them through the process and counsel them toward a positive outcome. Those professionals will find that M&A accounting arbitrations carry a range of distinctions that require a specialized knowledge base to navigate correctly. This book provides real-world guidance from experts in the field, with invaluable insight for every stage of the process. Walk through the entire dispute resolution process from arbitrator selection through final award Understand how M&A agreement provisions impact the awarded amount as well as the options available to limit the scope of potential disputes and the "gaming" of the post-closing process by the counterparty Understand the nature of accounting estimates and guidance, their interaction with accounting arbitrations, and how to synthesize facts, circumstances, and GAAP into a persuasive argument to present to the accounting arbitrator Get situation-specific advice for different types of transactions Learn practitioner "dos" and "don'ts" from the arbitrator's perspective M&A Disputes provides transaction parties and their representatives an inside view at the transaction and commonly disputed items through the eyes of the arbitrator to provide them with uniquely valuable insight. In addition to being an invaluable tool for practitioners appearing before an accounting arbitrator, M&A Disputes also provides advice to would-be and experienced arbitrators alike to successfully resolve disputes that can be significant and complex.

Multi-Party Dispute Resolution, Democracy and Decision-Making

Multi-Party Dispute Resolution, Democracy and Decision-Making
Author: Carrie Menkel-Meadow
Publisher: Routledge
Total Pages: 357
Release: 2017-05-15
Genre: Law
ISBN: 1351916513

The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.

Dispute Processes

Dispute Processes
Author: Michael Palmer
Publisher: Cambridge University Press
Total Pages: 433
Release: 2020-07-09
Genre: Law
ISBN: 110888279X

This wide-ranging study considers the primary forms of decision-making – negotiation, mediation, umpiring, as well as the processes of avoidance and violence – in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this field–and associated projects of institutional design–are taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes. The new edition is thoroughly revised and is extended to include new chapters on avoidance and self-help, the ombuds, Online Dispute Resolution and pressures of institutionalisation.

Beyond Winning

Beyond Winning
Author: Robert H. Mnookin
Publisher: Harvard University Press
Total Pages: 369
Release: 2004-04-15
Genre: Law
ISBN: 0674504100

Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.

Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825

Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825
Author: William E. Nelson
Publisher: UNC Press Books
Total Pages: 153
Release: 2017-10-10
Genre: History
ISBN: 1469640023

Nelson identifies three principal institutions involved in conflict resolution: the twon meeting, the church congregation, and the courts of law. He subsequently determines the type of cases over which each institution had jurisdiction and studies the procedures by which each functioned. He examines the tendency after 1800 to bring disputes to the court and sees this as a response to the introduction of new, nontraditional values not held by local institutions. Originally published 1981. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

National and Emergency Labor Disputes

National and Emergency Labor Disputes
Author: United States. Congress. Senate. Committee on Labor and Public Welfare. Subcommittee on Labor and Labor-Management Relations
Publisher:
Total Pages: 788
Release: 1952
Genre: Industrial laws and legislation
ISBN:

Considers legislation to establish arbitration procedures to settle labor disputes in industries which affect national security, and to authorize Commerce Dept relinquishment of Government-seized plants. Also considers Wage Stabilization Board policies impact on steel industry and U.S. economy.

Foundations of Dispute Resolution

Foundations of Dispute Resolution
Author: Carrie Menkel-Meadow
Publisher: Routledge
Total Pages: 437
Release: 2017-05-15
Genre: Law
ISBN: 1351936077

This volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for 'value-added' or 'pie-expanding' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the 'privatization of justice'. The articles span both the 'science' and 'art' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.