M&A Dispute Alternatives: Managing Expert Determinations

Certain Merger and Acquisition (M&A) disputes are resolved through arbitration, while others are resolved through an alternative forum - expert determinations. An alternative to resolving post-closing adjustments can be found in an expert determination, often included in transaction agreements. When properly executed, the expert determination process will focus on the substantive issues, ultimately providing an equitable procedure for the transaction parties.

As part of the first Global Arbitration Review Guide to M&A Arbitration, FRA Partner Jerry Hansen discusses not only understanding the difference between arbitration and expert determinations, but also the types of M&A disputes most often resolved through the process. He also analyzes a variety of topics with the goal of assisting transaction parties, their advisors and their counsel in managing the process for an equitable result.

To read Jerry's chapter and the rest of the guide, visit Global Arbitration Review.