How to draft disputes clauses in Asian SPAs

Author: Ashley Lee | Published: 11 Mar 2015

There has long been a debate about how dispute clauses in Asia should be drafted, with options ranging from arbitration to local litigation.

To maximise enforceability, speakers at IFLR’s Asia M&A Forum agreed that special consideration is needed for deals involving Asia’s cross-border businesses, which span countries with different legal systems and stages of development.

"What kind of dispute clause is appropriate will depend on the circumstances of the particular transaction or matter," said Neil Hyman, partner at Slaughter and May in Hong Kong. "For...