Page 94 - M & A Disputes

tions to this statement. Further, certain jurisdictions have specific and varied requirements for enforce-
ment. As previously discussed, for example, certain jurisdictions require a written opinion underlying
the award. As a result, both the parties and neutral should familiarize themselves with these require-
ments prior to the entry of an award to ensure that such an award is ultimately enforceable.

Role of the Practitioner in International Arbitration Cases

Practitioners may be consulted or hired for the purposes of advising on specific areas, providing expert
testimony, serving as a neutral, or just supplying extra help. In international arbitration cases, it can be
extremely important for practitioners to collaborate with foreign counterparts. These foreign institutions
may have specific knowledge or access to certain resources that may be invaluable during the dispute
resolution process. In addition to the matters previously discussed, it is helpful to obtain an understand-
ing of the local laws regarding practitioner licensing, the type of testimony to be given, an understanding
of the applicable foreign accounting rules and regulations, and relevant tax filings. Additional steps in-
clude analyzing the type of publicly available information, seeking insight into the jurisdiction country’s
culture, and using technology and communication tools to facilitate the process.

Conclusion

If a practitioner is asked to provide services in connection with a merger or an acquisition dispute, the
first step should be to review the merger or acquisition agreement to determine whether the dispute will
be resolved in court or through arbitration. Then, if the dispute will be submitted to arbitration, the prac-
titioner should review and understand what laws, rules, and procedures will apply because such laws,
rules, and procedures will dictate what role you can play, what opinions you can offer, how those opin-
ions will be presented, how you prepare, how you can best serve your client, or how you can best serve
in your role as a neutral.

92 © 2020 Association of International Certified Professional Accountants