The appropriate benchmark for determining the rate of prejudgment interest on arbitral awards is a source of ongoing dispute. The economic and legal merits of various alternatives have been explored in the literature, including in a recent Journal of International Arbitration paper by the authors. In this note, the authors discuss implementation issues for two commonly advocated approaches to prejudgment interest: the respondent’s borrowing rate and the risk-free interest rate. To read more, click the link below.
Earnouts in M&A: Risk allocation, incentives, and post-closing disputes
He examines a recent Delaware Supreme Court case between Johnson & Johnson and Auris Health, Inc., illustrating how courts would uphold the negotiated terms of...