Davis Polk partner Frances Bivens was featured in an expert Q&A on arbitrating M&A disputes with Corporate Disputes Magazine. In the Q&A, Frances discusses the key developments unfolding in the M&A disputes landscape in recent months, the main issues creating grounds for conflict and the advantages the arbitration process offers to disputing parties. 

Frances also highlights a high-profile court litigation that was brought by a target company against an unrelated third party that was recently resolved by confidential arbitration.

When asked about what trends she expects will dominate the M&A disputes landscape over the next few months, Frances said, “Uncertain markets give rise to disputes, so we expect we will continue to see a greater than usual number of post-closing disputes. In addition to earn out disputes, we are also seeing an increased number of disputes arise over other provisions, such as indemnities, which usually get worked out but are taking longer to resolve as parties hang on to small dollar value differences rather than settling for a middle ground.”

“Arbitrating M&A disputes,” Corporate Disputes (Jan-Mar 2024 issue) 

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