The arbitral award at issue concerns an asset purchase agreement (APA) which provided for payment of the estimated value of the assets at closing, and an adjustment to the price based upon a post-closing net asset value statement. Claims relating to the post-closing statement were to be resolved, if necessary, through arbitration. There was a separate provision in the APA for claims for breach of warranty (§ 8). These claims were not subject to arbitration. They were...
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