BASF Prevails in EUR 168 Million Post-M&A Arbitration Proceedings

In post-M&A arbitration proceedings (DIS) pending since 2023, BASF, a leading global chemical company, prevailed against claims for damages brought by the buyer. The buyer had initially asserted claims amounting to approximately EUR 168 million based on various alleged breaches of contract.

Following an extensive oral hearing, during which ten witnesses and 18 experts were examined on the negotiation and execution of the purchase agreement as well as on technical and valuation issues, the arbitral tribunal rejected all alleged breaches of contract.

In an award issued at the beginning of February, the arbitral tribunal dismissed the claims in their entirety as unfounded and ordered the buyer to bear the costs of the proceedings.

BASF SE was represented in the arbitration by Hengeler Mueller. The team included Carsten van de Sande and Johanna Wirth (both partners, lead, Frankfurt/Berlin) as well as Yasemin Jüngling (counsel, Berlin), Svitlana Gapalo and Gerlind Wolf (senior associates, Munich), Robert Schimmelpfennig (senior associate, Frankfurt), Kathrin Hüttmann (associate, Frankfurt), Maximilian Offinger (associate, Berlin), and Megan Schrader (associate, Frankfurt). Public law advice was provided by Prof. Dirk Uwer (partner, Düsseldorf) and Manuel Joseph (associate, Düsseldorf).

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