Strategies and Insights for Handling International M&A Disputes in 2025

Charles Russell Speechlys was excited to participate in the return of London International Disputes Week, where they hosted a seminar focused on Navigating International M&A Disputes: Insights and Strategies for 2025. The panel consisted of senior dispute practitioners from Charles Russell Speechlys, along with experts from Ankura and 4 Stone Buildings.

The event commenced with opening remarks from Stephens Burns, a Commercial Litigation Partner at Charles Russell Speechlys. The discussion moved towards analyzing geopolitical factors and trends influencing the rise of disputes in international M&A deals. Susan Blower from Ankura emphasized the importance of involving legal experts early in the deal process to review agreements, assess financial clauses, and ensure clarity in terms. Expert involvement during various phases of a dispute, such as pleadings and disclosure, can be highly advantageous, particularly in international contexts. Quantifying counterfactuals and understanding the complete narrative play a critical role in resolving disputes.

In Hong Kong, Stephen Chan highlighted the efficiency of domestic courts and arbitration, contrasting the quicker resolution timelines in China compared to the uncertainties faced in Hong Kong forums. He noted a shift towards fixed fees over hourly rates and mentioned the rising popularity of insurance policies like WIP insurance among clients. Gareth Mills shared insights into M&A disputes in the Middle East, discussing the changing business landscape from oil and gas to emerging investments in areas like cryptocurrency. Collaborative efforts between contentious and non-contentious teams were deemed crucial throughout the M&A process to prevent disputes.

Alastair Tomson, a seasoned barrister with expertise in banking and finance, discussed the increasing utilization of arbitration in various sectors. Specialized arbitral bodies have expanded their scope beyond sports disputes, with new centers like the Singapore International Arbitration Centre and Prime Finance specializing in different areas. Alastair highlighted the significance of the Dubai International Financial Centre (DIFC) in international arbitration and the digital economy.

During the Q&A session, the panel addressed the selection of jurisdictions for M&A contracts, stressing the importance of customizing agreements to suit specific circumstances and locations. Standard boilerplate clauses may not always provide optimal protection for parties involved, necessitating thoughtful tailoring for a robust legal framework.

The seminar garnered significant interest from a diverse audience comprising practitioners from different specializations, with attendees from around the globe joining online. Feedback on the event was overwhelmingly positive, highlighting its success in bringing together experts to share valuable insights and strategies for navigating international M&A disputes in 2025.