Resolve M&A Disputes in Switzerland

Resolve M&A Disputes in Switzerland

Updated on Friday 22nd January 2016

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Resolve-MA-disputes-in-SwitzerlandTypes of mergers and acquisitions in Switzerland

Merger and acquisition transactions (M&A) are quite common nowadays in countries all over the world and Switzerland is no exception. The legislation on mergers and acquisitions in Switzerland is quite comprehensive providing for the following types of transactions to be completed:

  • -          share deals and asset deals when it comes to acquisitions;
  • -          absorption and combination when it comes to mergers.

 One of the most important steps of M&A transactions is due diligence. Even if it is not a mandatory step, it is highly recommended. Not making use of this useful tool, the parties can be subject to certain disputes. Mergers and acquisition disputes can be avoided when a proper due diligence is conducted.

Our lawyers in Switzerland can help you understand the due diligence process related to company due diligence in M&A transactions.

Ways to resolve M&A disputes in Switzerland

There are several ways of handling and resolving M&A litigations in Switzerland. The most familiar ones are expert determination and arbitration. However, court settlement is also an option. Among the three options available, expert determination and arbitration are usually combined to settle an M&A dispute and the most common, while litigation in a Swiss court is the less employed.

Expert determination as means to settle a Swiss M&A dispute

Expert determination is used in both M&A transaction disputes between Swiss companies and local and foreign companies. This method implies hiring an independent expert who will evaluate the transaction and its implications for both parties and provide a solution. Expert determination is currently one of the best solutions for resolving M&A litigation in Switzerland.

Arbitration in Swiss M&A disputes

Arbitration is nowadays one of the simplest forms of resolving any type of litigation, which is also why when drafting the first documents related to the M&A transaction, the parties include an arbitration clause. Arbitration can help parties reach an agreement that does not involve court proceedings or expert determination. Arbitration is currently one of the easiest and cheaper methods of resolving M&A disputes in Switzerland.

If you need assistance in M&A litigation, feel free to contact our law firm in Switzerland.