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NEWS
Arbitration analysis: The Arbitration and Conciliation Act, 1996 balances finality of awards with access to judicial remedies, creating tension in post-award interim relief under Section 9. Courts long disagreed on whether such relief was available only to successful parties or also to unsuccessful ones. In Home Care Retail Marts v. Haresh N. Sanghavi (2026), the Supreme Court resolved this, expanding Section 9 beyond protecting the ‘fruits of the award’ to a broader procedural safeguard pending challenge proceedings, significantly impacting enforcement, asset preservation, and post-award litigation strategy. Written by Shweta Sahu, Counsel and Sambhav Sharma, senior associate in the arbitration and dispute resolution practice at Shardul Amarchand Mangaldas & Co.
PRACTICE NOTES
This Practice Note considers the limited grounds on which a party to international arbitration proceedings may apply for the correction, review and interpretation of an award to either an arbitral tribunal or arbitral institution under the institutional arbitration rules of the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC), Dubai International Arbitration Centre (DIAC), International Centre for Dispute Resolution (ICDR), as well as the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). This Practice Note also discusses whether parties to such arbitration rules can challenge or appeal arbitral awards before tribunals or arbitral institutions (where relevant), concluding that such steps are generally only available before the courts of the seat of the arbitration. Exhausting arbitral processes of appeal or review before challenging or appealing awards in court By way of example, the Arbitration
PRACTICE NOTES
This Practice Note is part of the Lexis+® UK Corporate Private equity buyout transaction collection. There will be a number of tasks to be undertaken after completion of the private equity buyout transaction, although which tasks are required will depend on the specifics of the transaction. Most of the tasks are likely to be the responsibility of the private equity investor’s/buyer's lawyers. Post-completion tasks for the buyer/buyer’s group A number of actions will be required to be undertaken by the private equity investor’s/buyer's lawyers in the days following completion. These may include: • announcing the transaction (if this is required because one of the parties is listed, ie this is more likely to be, where relevant, the seller in a buyout transaction, or simply if the parties want to voluntarily announce the transaction for publicity purposes) • submitting documents for stamping at HMRC (eg the stock transfer form relating to the sale of target shares must be stamped in accordance with the electronic process of stamping) (see Practice Notes: Stamp duty and SDRT on the
PRACTICE NOTES
This Practice Note is part of the Share purchase transaction collection. There will be a number of tasks to be undertaken after completion of the transaction, although which tasks are required will depend on the specifics of the transaction. Most of the tasks are likely to be the responsibility of the buyer's lawyers. For guidance on the tasks involved, see Checklist: Post-completion matters (share purchase)—checklist. If a list of documents/completion checklist has been prepared, this may set out the post-completion tasks. See Precedents: List of documents—private M&A—share purchase—conditional completion and List of documents—private M&A—share purchase—unconditional completion. Post-completion tasks for the buyer A number of actions will be required to be undertaken by the buyer's lawyers in the days following completion. These may include: • announcing the transaction (if this is required because one of the parties is listed, or simply if the parties want to voluntarily announce the transaction for publicity purposes) • submitting documents for stamping at HMRC (eg the stock transfer form) (see Practice Note: Stamp duty and SDRT on the sale of
CHECKLISTS
In an asset purchase transaction, the buyer acquires only those assets and assumes only those liabilities it wishes to acquire (as set out in the asset purchase agreement). Post-completion, the buyer may need to deal with specific environmental, health and safety (EHS) issues, revealed through due diligence. For example, the buyer may need to transfer or apply for a permit, join a packaging waste compliance scheme or improve health & safety documentation post completion. Common post completion EHS issues in asset purchase transactions include: • transferring environmental permits • checking whether the purchase has triggered any new obligations under environmental regimes, such as producer responsibility, energy efficiency and carbon schemes • addressing issues raised in any environmental audits and reports and any contract conditions • advising on environmental insurance and other risk mitigation strategies • obtaining reliance agreements or collateral warranties for reliance on environmental reports Transfer of environmental permits In an asset sale, the name of the operator/permit holder
CHECKLISTS
In a share purchase transaction, the buyer takes over ownership of the company carrying on the business (target company), together with all of its assets, obligations and actual and contingent liabilities. Legal due diligence reports and share purchase agreements may set out specific environmental, health & safety (EHS) issues that need to be dealt with post-completion. This can be anything from a requirement to carry out an environmental audit to preparing an asbestos management plan. Common post-completion EHS issues in share purchase transactions include: • notifying regulators of changes in relation to environmental permits and other registrations • checking whether the purchase has triggered any new obligations under environmental regimes, such as producer responsibility, energy efficiency and carbon schemes • addressing issues raised
CHECKLISTS
At completion the loan monies move between the parties and the transaction is 'completed'. In a simple corporate facility, this will involve money moving from the lender to the borrower. In other types of financing, such as acquisition or asset financing, this will usually involve money moving from the lender(s) to the borrower or existing lender (if its loan is being refinanced) and then from the borrower (as purchaser) to the seller of the business or asset. After completion, the lender's lawyers have to deal with a number of legal and practical matters. This checklist outlines the key issues to be dealt with by the lender's lawyers after completion, including: • perfecting security • dealing with any conditions subsequent • complying with solicitors' undertakings • dealing with the original documents and preparing transaction bundles, and • billing the client These issues will be relevant to the majority of transactions and apply to bilateral and syndicated facilities alike. For more information, see Practice Note: Post-completion phase in loan transactions. Perfecting security Registration at
CHECKLISTS
This checklist briefly summaries the key tasks and responsibilities that are likely to fall to the buyer's lawyers (and in some cases the seller's lawyers) following completion of a private M&A acquisition involving a target company incorporated in England & Wales. The terms of the SPA should always be carefully checked following completion so that the parties' lawyers can appropriately diarise what has been agreed, particularly with regards to timing, by way of specific post-completion obligations of the parties. Therefore, while this checklist summarises tasks that are typically required, each transaction is different and this list cannot therefore be exhaustive. Issue Guidance Registration of share transfers Buyer's lawyers: —submit to the Stamp Office stock transfer form(s) (or declaration of trust—see note below) in relation to the target company shares, for adjudication and payment of any stamp duty/transfer taxes (within 30 days after their execution)—update the register of members of the target company (and subsidiaries)—where relevant, update the people with significant control (PSC) register (CA 2006, Pt 21A). See further, Practice Note: PSC register—the people with
PRACTICE NOTES
Timing This phase occurs after the Signing and completion phase in loan transactions. It should be a short phase where post-completion matters are completed as soon as possible but can often take longer than expected. What happens during this phase? There are various steps that may be required after completion of a loan transaction, some are legal in nature and some are administrative. Secured transactions Once security documents are executed, in many cases it will be necessary to undertake further steps to 'perfect' the security. Perfection is the means by which security is made enforceable against certain third parties (but not necessarily all third parties) (see Practice Note: Perfecting security—Why is it necessary to perfect security?). Perfection can be achieved in a number of ways and the correct way of perfecting a particular security interest
PRECEDENTS
Background information Workshop/training course/presentation [Insert title] Date of training activity [Insert date] Your name Your role Your contact details Name of trainer/presenter [Insert name] Evaluation
PRECEDENTS
Background information Workshop/training course/presentation [Insert title] Date [Insert date] Your name Role Contact details Evaluation questionnaire 1 How would you rate the pace of this [workshop/training
PRACTICE NOTES
Although the terms of a testator’s Will or the provisions applicable on intestacy cannot actually be altered by the beneficiaries of the estate, except perhaps by way of a court order following a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), it is possible for those who would inherit under the Will or on intestacy to enter into a post-death rearrangement to alter the effect of the Will or intestacy provisions. Common forms of post-death rearrangement include: • instruments of variation • disclaimers • distributions pursuant to precatory trusts • distributions from discretionary Will trusts • claims under I(PFD)A 1975 Often parties who are in agreement as to the post-death rearrangement choose to enter into a formal rearrangement rather than the original beneficiary simply gifting the asset as a lifetime transfer, in order to take advantage of tax mitigation. Subject to certain conditions, some rearrangements can operate for tax purposes as though they were made by the deceased themselves, thereby avoiding the possibility of further inheritance tax (IHT) arising if the original