Arbitration in mergers and acquisitions

Mergers and acquisitions are one of the popular commercial activities today. This popularity can be observed in our country as well as all over the world. Companies may engage in mergers and acquisitions for different reasons, especially to maintain and expand their operations. Companies aiming for a merger or acquisition have certain steps to follow in this regard. While the logic behind mergers and acquisitions is simple, the steps to execute these transactions are quite complex and challenging. These processes that companies undertake can often be international in nature, that is, they may contain a foreign element. Due to the complex character of the merger and acquisition process, it is quite natural for disputes to arise between the parties to the transaction. Preferring arbitration as a dispute resolution method for resolving these disputes is a frequently brought up and discussed issue. In this respect, the advantages of arbitration and international commercial arbitration make it a preferred choice in resolving disputes that may arise from mergers and acquisitions. Since the disputes arising from these transactions are more complex than classical private relations, it is a logical choice for the disputes between the parties to be resolved by arbitrators or arbitrators who are experts on this subject instead of state courts. In addition, the flexibility provided by arbitration in these disputes, where the foreign element is frequently involved, has a positive effect in terms of submitting these disputes to arbitration. In the evaluation of these disputes in terms of arbitrability, serious opinions were not put forward against the arbitrability of acquisition transactions, but although it was stated that the will of the parties in merger transactions cannot be mentioned and therefore it is not arbitrable, it was still stated that disputes within the scope of contract law between the parties may be arbitrable. In this sense, it is a logical option for the parties to mergers and acquisitions to decide to resolve any disputes that may arise between them before arbitrators instead of state courts. At the point of choosing the law to be applied, making a clear choice of the law to be applied by the parties will increase predictability and will help the parties to get the results they expect from the trial. At the point of choosing the law to be applied to the arbitration, making a clear choice of the law to be applied by the parties will increase the predictability and will help the parties to get the results they expect from the trial.