TDM / ERA / ArbitralWomen Call for Papers for a Special Issue on "Mergers and Acquisitions (M&A) Disputes and International Arbitration"

22 February 2024

Update March 2025: The call for papers is now closed, but the topic remains of interest. Proposals to info@transnational-dispute-management.com 

Call for papers for a Special Issue of Transnational Dispute Management (TDM, ISSN 1875-4120) titled "M&A Disputes and International Arbitration" edited by dr hab. Beata Gessel-Kalinowska vel Kalisz.

M&A activity has always been a barometer of business confidence and market strength. Recent significant economic and geopolitical tensions, like the global pandemic and a war in Ukraine, having an impact on changing supply chain risks, higher interest rates and inflation, have been reflected not only the volume and number of deals but also in deal structuring. After the phenomenally high deal volumes experienced in 2021, the 2022 M&A market moderated.

As a result of these turbulences, as well as the list of, so to say, traditional problems related to M&A transactions (i.e. valuation of damages, breach of representations & warranties) were joined by new ones related to the reality of the pandemic and the war in Ukraine, in particular redefinitions of Material Adverse Change and Ordinary Course of Business clauses. M&A reports show that also the number of M&A deals related to climate change measures, and particularly ESG, have been on the rise and some predict that these topics will become an important part of deals.

This special issue of the TDM in cooperation with ArbitralWomen will look into this vibrant M&A arbitration world.

This issue will be divided into two thematic blocks. One, will deal with current challenges such as:

1. Covid and M&A Disputes
2. War in Ukraine and Sanctions in M&A Disputes
3. Climate Change in M&A Disputes

The other block will be devoted to the classics of the M&A arbitration, i.e. vital aspects of M&A disputes, that need to be addressed:

1. Means of Dispute Settlement in M&A Transactions: Does Arbitration Have Competitors?
2. Travelling in The Fast Lane: Resolution of Pre-Closing Disputes
3. Computation of Damages - Panel of Expert Witnesses Antitrust Law in M&A Disputes
4. Challenges and Future of M&A Disputes: More Professionalization, More Judicialisation, or Back to the Roots?
5. Culpa in Contrahendo : Tips and Traps in Negotiation of M&A Transactions
6. Consolidation and De-Consolidation in M&A Arbitration
7. Confidentiality in M&A Arbitration
8. Discovery in M&A Arbitration
9. The Role of Equity in M&A Arbitration
10. M&A Disputes Involving States or State Entities
11. Computation of Damages in M&A Arbitration
12. Interim Measures in M&A Arbitration
13. Insolvency and M&A Disputes
14. Multi-Party and Multi-Contract in M&A Disputes.

The above contains only a proposal of topics, but it is by no means exhaustive.

The editor:

Reviewers:

Timeline and submission guidelines:

Proposals (200 words for full-length articles; 65 words for blog-post formats), along with authors' profiles (150-200 words), should be submitted to info@transnational-dispute-management.com.

An abstract of the proposed paper should be submitted at your earliest convenience.

Articles accepted for publication before this deadline will also go through TDM's on-line advance publication process, allowing your work to reach its target audience as soon as the paper completes peer review and the editing process.

We welcome submissions in one of the two formats:

Full-length articles:

The minimum word count for articles, presenting more in-depth analysis of the subject, is 5,000 words (excluding footnotes, endnotes, appendices, tables, summary etc.). Articles must include a short summary of the key points addressed and any conclusions drawn (150-200 words).

The layout of the articles should conform to TDM's submission guidelines, available at: www.transnational-dispute-management.com/contribute.asp (more information available upon request). For citations, follow OSCOLA (4^th Edition): www.law.ox.ac.uk/research-subject-groups/publications/oscola

In addition to the full-length articles, we invite to submit short articles in blog posts-like format:

500 to 1,500 words for submissions that address current issues/ hot topics in the M&A or present recent cases. We suggest to limit to the minimum the use of footnotes and endnotes.

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