When I was asked by the editor of Arbitration.ru to prepare an article on cross-border M&A disputes, I hesitated to accept. I have been advising on M&A transactions for most of my long career, in London and in Moscow, so what made me hesitate?
Much of the information about cross-border M&A deals and disputes is private and highly confidential. Many deals are not announced, particularly if none of the parties involved is subject to public disclosure requirements. Many disputes go to arbitration which is confidential. It is different with public company takeovers on internationally accessible stock exchanges but most of these are not very relevant for the Russian market. The best legal know-how tends to be protected within the confines of international law firms. It is different with public company takeovers on internationally accessible stock exchanges, but these are not very relevant for the Russian market. There are some published works on M&A of varying weightiness, but most focus on how to do the deals and relatively few on disputes. Of course, I could rely on my own knowledge and experience, but to prepare a piece for this kind of publication I felt I needed to be able to support it from external sources. I quickly began to realize why the editor asked me to do the piece – because it is not easy.
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Involving Doran Doeh