ERGO Perspective: HMA dispute resolution in India; indemnities in cross-border M&A transactions; and more

Hotel management agreements (HMA) are typically long-term contracts between a hotel owner and an expert operator with significant financial implications for the owner because the performance of the agreement determines hotel cash flow and therefore hotel value. For these reasons, mechanisms to resolve disputes are very important in order to achieve contractual efficacy and efficiency.

Unfortunately, this is an area that is very often neglected in these contracts, until it is too late. This paper is timely because based on our experience the current difficult operating environment in India is straining owner/operator relationships and is conducive of disputes…

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