BRG M&A Disputes Report - Asia–Pacific

Lawyers, Dealmakers and Experts See Increased M&A Disputes Brewing in 2021

The full surge of COVID-19-related claims is still to hit

The new annual BRG M&A Disputes Report – Asia-Pacific shows economic and political pressures, exacerbated by COVID-19, could put buyers and sellers at odds in 2021.

The arrival—and unwelcome stay—of the pandemic has done nothing to slow the existing increase of M&A disputes in the APAC region, and it is highly likely that 2021 will see an even steeper rise, as disagreements fermented during the ‘Year of Lockdowns’ turn into full-blown disputes. That is a core message that comes from the report.

In interviews and survey responses, senior lawyers and dealmakers cited a steady, gradual uptick in deal-related disputes that began several years ago. They increasingly expect that market conditions in 2021 will put buyers and sellers at odds over a variety of deal terms, accelerating that upwards trend.

Contributors included:

• John Choong, Partner, Freshfields, Hong Kong
• Lars Markert, Foreign Law Partner, Nishimura & Asahi, Tokyo
• Kathryn Sanger, Partner, Herbert Smith Freehills, Hong Kong
• Niels Schiersing, Independent Arbitrator, Arbitration Chambers
• Matthew Skinner, Partner, Jones Day, Singapore and London
• Thomas Walsh, Partner, Clifford Chance, Hong Kong
• Mustafa Hadi, Managing Director, BRG, Hong Kong and Singapore
• Kevin Hagon, Director, BRG, London and Hong Kong
• Peter Bird, Managing Director, BRG, London and Singapore
• Andrew Webb, Managing Director, BRG, London and Singapore
• Erick Gunawan, Director, BRG, Singapore

Read the full report.