Dispute settlement of cross-border mergers and acquisitions by arbitration in Viet Nam

Abstract

Cross-border mergers and acquisitions transactions have increased dramatically around the world over the past several decades and have become one of the most important types of commercial transactions. In the process of performing cross-border mergers and acquisitions transactions, disputes will occur with certain characteristics at different stages. As a result, when a dispute occurs, the parties must use various dispute settlement methods such as negotiation, conciliation, court, arbitration. Combining the aforementioned ways is a prioritized choice for having an adequate mergers and acquisitions dispute resolution mechanism by leveraging the benefits while also eliminating the limitations of given methods. This article will analyze cross-border mergers and acquisitions disputes and some issues in dispute resolution by arbitration, such as joinder and consolidation procedure, expert participation and confidentiality in arbitration. Thereby, the Arbitration - Mediation - Arbitration (Arb-Med-Arb) model is proposed to be applied in resolving cross-border mergers and acquisitions disputes in Vietnam.