Seemingly unusual outcomes and large numbers can distract from sound legal logic.
But they should not, and there may be no better example of this than the arbitral ruling in Delaware’s Save Mart dispute.
The case also underscores two key lessons for dealmakers and their counsel:
- First, to draft with purpose and not rely on precedent or standardized clauses.
- Second, to carefully diligence the contract against the client’s—and the transaction’s—particular circumstances.
Writing in The M&A Lawyer (174 KB), we analyze the arbitrator’s reasoning for the benefit for dealmakers both north and south of the border.
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