Post-M&A arbitration: Equitable remedies to economic imbalance due to impact of COVID-19 on the value of a commercial real estate asset

international arbitration

In an ICC arbitration, CRA assisted a client by analyzing the impact of the COVID-19 pandemic on the operations of a European shopping mall and the payment of earnouts which had been expected to be in excess of € 100 million at the time the mall had been sold for over € 250 million.

Dr. Tiago Duarte-Silva submitted two expert reports and testified at an arbitral hearing about the economic interpretation of the earnout payments and the value of the mall at various points before and during the COVID-19 pandemic, and he identified equitable remedies for the client. He was supported by Allison Wiese and Isabel Serrano Alas.

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