Mergers and Acquisitions In and Out of Emerging Economies

Question: Describe about the Mergers and Acquisitions In and Out of Emerging Economies. Answer: Arbitration and litigation 1. The difference between arbitration and litigation are as follows: In arbitration, the parties seek to resolve the dispute through a third person whom they themselves choose for resolving the dispute. This third person is known as an arbitrator and he decides the case after hearing both the parties. Thus arbitration is a private way of resolving dispute between the parties. In case of litigation, the dispute between the parties is resolved by a public court. An impartial judge sits in the Courtroom who decides the case after hearing both the parties. Therefore, litigation involves settlement of a dispute through a public forum. The steps which are missing in arbitration but are present in litigation are as follows: The parties have no say in the selection of judge in a litigation process. In litigation, full disclosure of the relevant evident are required. iii. In litigation, parties usually have a right to appeal. 2. If the parties to arbitration instead went to court, then the steps which the parties would have to take are as follows: Hire an attorney: The parties need to hire their own attorneys who would manage the entire case. Filing of the case: The attorney of the plaintiff would break all the information into legal writing and after that a case would be filed. The answer: Once the case is filed by the plaintiff, the other party i.e. the defendant would give a reply to the original filing of the case. Interrogatories: A list of questions would then be prepared by the attorney. Answer to the interrogatories: the parties would then be required to give answers to all the questions. Objections and Discoveries: Objections are raised against the questions whereas discovery relates to the inspection of documents. Mediation ordered by Court: An order would be given by the Court to settle the matter through mediation. If the matter could not be settled by first or second attempts of mediation, then a trial would take place (Feutrill, 2013).3. It is undeniable that there are certain repeat players or certain employers who repeatedly use the forum of private forum of arbitration to win their cases. Statistics show that the repeat players almost win all the disputes which are raised before an arbitration forum. The consumer or an employee has a very less chance of getting a favourable decision while going against the repeat players. Therefore, the arbitration forum which is considered to be a good alternative to an expensive litigation process has proved to be a disappointment to the consumers or the employees. There is undeniably a biasness inherent in the system of arbitration and it is the need of the hour to remove these biasness from the arbitration process; otherwise people would lose faith in this process itself. One way in which the problem related to these repeat players may be overcome is t o get the process thoroughly scrutinized by the Courts and make sure that justice is not sold but earned (Lo, 2012). Merger and acquisition Merger or acquisition is the process through which an organisation seeks to expand and grow its business. The factors which are considered in the process of merger and acquisitions are as follows: The company culture needs to be considered. Different organisations have different working culture. It has to be seen whether the merger or acquisition would be compatible with the working culture of the organisation. Due diligence has to be observed by an organisation before entering into a process of merger or acquisition. It has to be seen whether the target company would fit in the organisational strategy of the acquiring company. In case of cross border mergers or acquisitions the legal, political, economical and cultural factors also ned to assessed carefully so as to make sure that the mergers or acquisitions taking place would be beneficial to the companies and would help them to grow and expand their business (Lebedev et al., 2015). Banks, E-Money, and Financial Reform Not many people around us use cash. The reasons behind the world going cashless may vary. Some of them do not feel secured about the way cash is carried, as the fear of theft is associated with cash. However, there are associated payments of charges if the decision of the world has decided to go cashless. Thus, people feel more secured in using debit cards, credit cards and electronic transfer rather than using cash for transactions. Alternatives such as Virtual Wallet, Apple or Google Pay are better alternatives than cash as these are free applications that allow us to keep money save and secure without the interference of any third party (Ngu et al., 2015). Bitcoin is a kind of network that allows a new payment system making transactions digital. This decentralised payment network allows the authority to consider payment of money via internet. References: Feutrill, M. (2013). Arbitration v litigation. Brief, 40(10), 16. Lebedev, S., Peng, M. W., Xie, E., Stevens, C. E. (2015). Mergers and acquisitions in and out of emerging economies. Journal of World Business, 50(4), 651-662. Lo, A. (2012). Too Much Privacy for Repeat Players? The Problem of Confidentiality Clauses and a Possible Solution. The Problem of Confidentiality Clauses and a Possible Solution (May 31, 2012). Contemporary Asia Arbitration Journal, 5(1), 149-63. Ngu, M., Scott, C. (2015, April). How secure are contactless payment systems. In RSA Conference, San Francisco, USA.