Arbitration in Merger and Acquisition Transactions Problem Of Consent in Parallel Proceedings and in the Transfer Of Arbitration Agreements in Merger And Acquisition Arbitration – Cahit Ağaoğlu – Seçkin Yayıncılık

This book is the product of research I conducted in Queen Mary University of London, School of International Arbitration for my PhD degree under the supervision of Prof. Loukas A. Mistelis. In the book, two main problems of arbitration in M&A transactions have been covered. Firstly, the problem of consent in consolidation of parallel proceedings during M&A transactions, and, secondly, parties consent validating arbitration agreements/clauses in "assignment""succession" after M&A transactions have been completed. The subject gives rise to the following questions: •How the consolidation of parallel proceedings, including multi-step proceedings, can arise in M&A transactions, and what is the effect of consent in order to deal with this problem? •Are M&A arbitrations typical examples of multi-party, multi-contract arbitration? Is-it possible to directly apply "consolidation" rules to M&A arbitration? •What is the role and importance of different phases of M&A transactions and what are the issues with the problem of consent of the parties concerning the liability of the obligations and responsibilities of the successor arising after the M&A transactions? •Does current arbitration law and practice adequately deal with the challenges M&A disputes pose to arbitration? If not, are there any specific rulesspecially drafted arbitration clauses that may evidence consent? Do we need new rules?