Takeover Dispute Resolution in Australia and the United States – Takeovers Panel or Courts?

Takeover disputes can be fiercely contested. Given this, there is an important question about the forum for these disputes. Traditionally, takeover disputes were resolved by the courts. However, in recent years, there has been a trend to have these disputes resolved by Takeovers Panels. The countries with these Panels include Australia, the United Kingdom, Hong Kong, Singapore, India, Ireland, New Zealand, Switzerland and South Africa. In this research note the author evaluates the respective merits of the resolution of takeover disputes by a Takeovers Panel and the courts using data from Australia and the United States and argues that a Takeovers Panel can provide a superior forum for deciding these disputes than the courts