We acted as the lead counsel to a private equity held portfolio company in successful M&A-related arbitration proceedings.
We successfully represented a portfolio company in a dispute arising from a share purchase agreement by which the portfolio company had acquired 100 % of the shares in the target company. After transfer of ownership, the target company turned out to be loss-making instead of highly profitable as indicated by its accounting record.
The arbitral proceedings were initiated under the FAI Rules asking the Tribunal to order the seller to return practically the entire purchase price paid under the SPA, or alternatively to pay an equal amount in damages.
The awarded amount fell exactly into the range we had predicted showing an accurate assessment of the strengths and weaknesses of the case despite the complicated legal issues involved.