Planning For Disputes In Cross-Border PE Deals

October 15, 2014
As private equity houses venture further into foreign, emerging and  frontier markets in the search for yield, planning for future disputes — whether with vendors, fellow shareholders, local joint venture partners, important suppliers or other counterparties, or host governments — is a critically important tool to manage the risks associated with such investments. International arbitration can offer important advantages in cross-border transactions, with the precise wording of the so-called “midnight” dispute resolution clauses in commercial agreements being the keystone to contractual certainty and, ultimately, enforcement of the bargain struck.