Shareholder disputes - contentious exits and the international dimension

6 Jun
11:00 - 12:30

Corporate and commercial disputes
Member Hosted Events

The volume of shareholder disputes resolved in London has escalated in recent years, with a significant international element reflecting complex cross-border corporate structures and investments in a globalised marketplace, and also an increasing use of London-based arbitration and the English courts to resolve such disputes. 

But how do English courts and arbitrators approach the breakdown of relations between shareholders or joint venture partners and the search for an exit?  This panel session will examine:
 
1. Unfairly prejudicial treatment of minority shareholders, including the special considerations which apply to quasi partnerships.
 
2. Under-performance or breaches triggering thresholds for termination or claw-back within shareholder and JV agreements.

3. Forced exits arising out of drag-along provisions or disputed buy-out options.
 
4. The intersection with earn-out disputes.

5. The practicalities of shareholder litigation including jurisdiction, arbitrability and access to company documents (including privileged material).

6. Valuation issues arising on contentious exits.

7. Trends in shareholder disputes.

8. Reflections for foreign investors when buying into or setting up an English company, LLP or joint venture.

9. The resolution of disputes in foreign companies in English courts and arbitrations.

 

Speakers

  • Kate Allass - Farrer & Co
  • Andrew Thompson KC - Erskine Chambers
  • James Worsnip - Alix Partners

Members

  • Farrer & Co
  • Alix Partners

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