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What's the difference between binding and non-binding merger arbitrage?


Asked by Genevieve Mayer on Dec 02, 2021 FAQ



Naturally, any merger arbitrage at the non-binding stage is much riskier vs. the binding proposal (in Australia, preliminary agreements are even called the graveyard of merger arbitrageurs). Binding proposal: this is a final/definitive agreement between a buyer and a target, which is also legally binding.
Moreover,
The arbitration process may be either binding or non-binding. When arbitration is binding, the decision is final, can be enforced by a court, and can only be appealed on very narrow grounds. When arbitration is non-binding, the arbitrator’s award is advisory and can be final only if accepted by the parties.
Furthermore, Binding legal documents are legally enforceable in court. In contrast, nonbinding documents simply state the parties' intentions, but are not enforceable. Similarly, decisions made in binding arbitration proceedings are final, but nonbinding arbitration decisions may be reversed by a later court proceeding or binding arbitration.
Consequently,
Understanding Merger Arbitrage. Merger arbitrage, also known as risk arbitrage, is a subset of event-driven investing or trading, which involves exploiting market inefficiencies before or after a merger or acquisition.
In this manner,
In business transactions, the parties to a merger or acquisition can use a non-binding offer to announce that they are negotiating with the goal of buying or acquiring another company.