Merger & Acquisition (M&A) Dispute Resolution

Merger disputes can often arise between parties owing to the complex nature of transactions involved in selling, purchasing and combining two or more companies. As one of the leading offshore law firms that specialises in both mergers and acquisitions (M&A) and dispute resolution, Appleby is able to offer unparalleled legal advice in the area of merger disputes.

Offshore merger disputes

We understand that buying or selling a business is never a straightforward process. Whether a pre-closing or post-closing dispute, our team of merger disputes lawyers are able to leverage our firm’s deep understanding of commercial issues in M&A transactions, including in particular the valuation of shares, along with relevant statutes and legal precedents.

From due diligence to dispute resolution, we possess the necessary legal expertise to ably navigate shareholder rights and contractual obligations including breach of warranty, indemnity and price adjustment issues. Trust in our technical acumen to deliver comprehensive legal support throughout your M&A journey and to safeguard your interests with precision and integrity.

Our Experts
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  • Cayman Islands (1)
  • Jersey (1)
  • Hong Kong (2)
  • Bermuda (1)
  • Guernsey (1)
SPOTLIGHT

Cayman merger disputes Lawyers

Our Merger Disputes lawyers in the Cayman Islands regularly advise dissenting shareholders who are dissatisfied with offer-merger consideration in proceedings to resolve the fair value of shares.

The team, which also has experts based in Hong Kong, is regarded as a market leader in respect to both appraisal rights claims and advising on fiduciary duty considerations. This is evidenced by rankings and commentary in highly respected legal directories such as Chambers and Partners, and The Legal 500, with recent praise of our Cayman dispute resolution team highlighting how “they are very alive to commercial issues and pressures, and they are mindful of this when discussing their strategy” (Chambers).

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Thalassa Investments LP: Section 22 and Specific Discovery - Strategic Considerations for Limited Partners Seeking Information and Documents

In Thalassa Investments LP [2026] CIGC (FSD) 32, the Grand Court refused an application by limited partner petitioners for specific discovery from the general partner in just and equitable proceedings to wind up a Cayman Islands ELP. The ruling was against the backdrop of serious lack of probity allegations made against the general partner by the petitioners. Notwithstanding those allegations, the Grand Court declined to make orders requiring discovery of various categories of documents to be used at trial.   The ruling brings into focus the multiple routes potentially open to limited partners seeking information and/or documents from an ELP where there are allegations of mismanagement by the general partner. The limited partner may issue substantive proceedings (or, as in this case, present a just and equitable winding up petition) against the general partner and partnership, and then obtain documents through the usual discovery process. Alternatively, the limited partner may pursue its substantive right to true and full information under section 22 of the Exempted Limited Partnership Act first in order to help inform the bringing of a substantive claim, as was the approach in the Neoma (Abraaj) and the Port Fund litigation. Thalassa illustrates that the nature of the information sought, who holds it, and the legal basis on which disclosure is sought are all highly relevant to the outcome. The decision also highlights that section 22 and discovery serve different purposes, are governed by different legal tests and can produce different outcomes. The strategic question is not whether section 22 or the discovery process may be preferable in the abstract, but which legal framework best aligns with the limited partner’s objectives and the nature of the information sought.

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This country-specific Q&A provides an overview of Restructuring & Insolvency laws and regulations applicable in Bermuda.

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A Cautionary Tale in Interim Injunctive Relief: Lessons from Dixon v Seymour

In a recent judgment of Chief Justice Ramsay-Hale, the Cayman Grand Court provided guidance on the necessary components of an application for interim injunctive relief. The ruling illustrates how an ex parte application may fail to satisfy the American Cyanamid test when unsupported by proper evidence.

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The Privy Council Provides Clarity to the Global Business Industry: Interest Exemptions Upheld in Mauritius

On 30 June 2026, the Judicial Committee of the Privy Council (JCPC) delivered a judgment impacting the domestic and global business sectors in Mauritius.