Dealmakers around the world expect to see more mergers and acquisitions (M&A) disputes in the year ahead despite renewed confidence that the deal market will perform better in 2025, according to global expert services and consulting firm BRG's recently released M&A Disputes Report 2025. Rising geopolitical tensions, ongoing antitrust scrutiny and economic volatility stemming from tariffs all could push deals into dispute territory in the coming months.
Dealmakers' attempts to control for performance fluctuations and financial risks in an uncertain economic climate may have contributed to increased dispute exposure in 2024. Deal terms like purchase price agreements, put/call options and indemnity provisions were amongst the most prevalent contractual factors in last year's disputes. Looking ahead, nearly one-third of respondents expect earnout provisions mitigating risk to feature prominently in disputes this year.
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