Knoetzl

Florian Haugeneder spoke at the Belgrade Arbitration Conference

On 31 March 2017, KNOETZL partner Florian Haugeneder spoke at the Belgrade Arbitration Conference organised by the University of Belgrade’s Faculty of Law. Florian’s presentation was about the “Assessment of Claims in M&A Arbitrations”. His main proposition was that the quantification of claims in typical M&A arbitrations was often not fully in line with the legal remedies available to the parties under the applicable law. This was illustrated with three examples frequently encountered in the arbitral practice: the prohibition of indirect shareholder claims in the context of claims of a company against another shareholder (generally allowing only the company and not the other shareholders to claim damages), the quantification of claims in case of breaches of representations and warranties relating to products of the target company, and the remedies available in case of a breach of representations regarding the correctness of the financial statements of the target company. Florian concluded that there was a need for a better communication between counsel and quantification.