Governing Law really governs M&A transactions? – Key Considerations and Issues Arising from Choice of Law in Cross-Border M&A
Cross-border M&A transactions inherently involve complexities due to the involvement of multiple jurisdictions: the target company’s country of incorporation, countries where it conducts business, the investor’s home country, the nationality of syndicate lenders, and nations where collateral assets are located. Determining the appropriate governing law for contracts associated with such deals is not straightforward. There appear to be numerous instances where applicable law receives limited attention. However, as the complexity of cross-border M&A spanning multiple jurisdictions intensifies and related disputes escalate, it becomes critical to examine the challenges surrounding the selection of governing law and explore rational solutions.
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