This article explores the relevance of sandbagging in merger and acquisition transactions, highlighting the implications for buyers and sellers when adopting a pro-sandbagging or anti-sandbagging approach. It examines the significance of buyer knowledge, the doctrine of caveat emptor and Indian judicial precedents, while framing the sandbagging clause. Additionally, this article advocates for clearly defined sandbagging provisions in contracts to mitigate potential disputes and ensure fair negotiations between the relevant parties.
Please click here to read the full article by Gaurav G Arora, published in IBA.
Gaurav G. Arora is a Partner at JSA with over 12 years of experience advising multinational corporations, investment funds, and high-growth businesses on mergers & acquisitions, private equity investments, corporate structuring, cross-border transactions, foreign direct investment, and general corporate matters. He regularly advises clients on complex domestic and international transactions across the technology, healthcare, manufacturing, real estate, retail, and services sectors. Gaurav is recognised as an ALB India Rising Star and among the Top 10 Young Lawyers by ALB Thomson Reuters.