Post M&A disputes take centre stage: A 2024 snapshot of the SCC’s caseload
Post M&A disputes have always played a central role in the SCC’s caseload, and they have risen in 2024 to become the single most frequent type of new arbitration at the SCC.
Published
Record filings and rising international profile
In 2024 alone, 57 post M&A arbitrations were filed, an unprecedented figure that highlights the growing prevalence of these types of disputes. From 2019 to 2024, the SCC administered a total of 259 disputes relating to business acquisitions. Although the majority of these types of disputes remain domestic, there has been a steady increase in post M&A disputes arising from international business acquisitions, with 9 such cases in 2019 growing to 19 in 2024 (making up approximately one in every three of these disputes). More than 30% of these proceedings are now conducted in English. In addition, Stockholm continues to be the most common seat of arbitration, yet the SCC increasingly administers post M&A cases seated in other jurisdictions such as Finland, Denmark, and England, often governed by foreign laws, particularly English law.
The leading industries behind post M&A disputes at the SCC: retail, construction, and finance
From 2019 to 2024, three sectors have most frequently driven post M&A disputes before the SCC. Around 25% of these disputes involved the retail and consumer goods industry. Another 25% arose from share purchase agreements in the construction sector, followed closely by the finance sector, with 24% of the total number of these disputes. Other significant industries included technology, media, entertainment, and manufacturing. This distribution largely aligns with the SCC’s total caseload in the same period, which often involves retail and consumer goods, financial services, and real estate or construction projects.
The value of claims in post M&A disputes
Claim values in these post M&A proceedings typically rank slightly below the average for SCC arbitrations in any given year. In 2024, the SCC registered several exceptionally high-value claims, driving the total disputed sums to more than EUR 5 billion in post M&A cases. The average disputed amount in these matters reached EUR 112 million in 2024, underscoring the high stakes now at play in business acquisition‐related disputes.
Timeframes in focus: Understanding the duration of post M&A disputes
Not only has the SCC administered a record volume of disputes in 2024: last year was also the most efficient year for post M&A conflicts in the past five years. On average, a post M&A dispute took only 209 days from referral of the case to the tribunal to the final award (as opposed to an average 267 days in 2019) – less than seven months. Under the Expedited Arbitration Rules, the parties had to wait a mere 93 days (106 days in 2019). This reflects the SCC’s strive for procedural efficiency and its success in its strategy to continually reduce the duration of arbitrations.
In conclusion
While post M&A disputes have always been a fundamental part of the SCC’s caseload, a brief look at the development of SCC administered arbitrations relating to business acquisitions reveals a steady increase in international and high-volume post M&A disputes as well as in the efficiency of their resolution.