Dr. Wolf H von Bernuth on "Post-M&A Arbitration"
On November 6th, we had the opportunity to attend a thought-provoking lecture by Dr. Wolf H. von Bernuth as part of the LL.M. in International Dispute Resolution program.
He guided us through the complex landscape of post-M&A arbitration, explaining why such disputes often find their natural forum in arbitration: the need for confidentiality, the expertise of arbitrators, and the procedural efficiency that comes with final and binding awards.
We examined why conflicts tend to arise after a transaction and discussed the typical claims involved in these disputes. Through a hands-on exercise, we analyzed a case where an arbitrator’s prior academic opinion became the basis for a challenge.
This practical discussion illuminated the tension between academic freedom and perceptions of bias, and how the IBA Guidelines and arbitral jurisprudence inform such questions.
Dr. von Bernuth’s lecture was a masterclass in bridging theory and practice, revealing the nuanced interplay and symbiotic relationship that exists between corporate transactions and international arbitration.
- María Paz Vela S., IDR LL.M. Candidate, Class of 2025/2026