Mergers and acquisitions field is very well represented on the Irish market. The merger refers to the process through which two companies will form a new, single entity, while the acquisition refers to the purchase of a company by a group of investors. At times, persons involved in these processes may experience various situations which can lead to disputes that can be settled with the agreement of the parties or by bringing the case in front of an Irish court. Mergers and acquisitions (M&A) disputes can be resolved through several legal ways and our team of Irish solicitors can provide advice or legal representation for such situations.
M&A disputes in Ireland, handled through alternative dispute resolution
One of the simplest ways to resolve an M&A dispute in Ireland refers to alternative dispute resolution (ADR), in which the parties do not have to address to a local court. Such methods, which are not regulated by a specific Irish body, have the purpose of settling the case in a manner which can be convenient to both parties.
The most common types of ADR refer to the following:
• expert determination.
Mediation has recently been introduced in the national legislation of Ireland through the EU Directive 2008/52/EC. In Ireland, mediation is set out under the rules of the Mediation Regulation, established in 2011. The method implies the presence of an impartial mediator, who will try to discuss the aspects of the case with both parties, in order to conclude an agreement; our team of Irish attorneys can provide more details on the other methods.
M&A litigation in Ireland
In the situation in which the parties can’t establish an agreement, the case can be brought in front of an Irish court. Litigious cases related to M&A disputes usually refer to commercial disputes or to the breach of various provisions of the contracts signed by the parties. Commercial disputes are handled at the Irish High Court only in the situation in which the value of the claim is above the sum of EUR 75,000. Disputes with a value of more than EUR 1 million are addressed to the Commercial Court.
If a contract was breached, the case can be brought to claims in a period of maximum six years since the event took place.
Investors interested in further information on the ways in which M&A disputes can be resolved in Ireland may address to our Irish law firm for legal assistance.