Transaction Liability
Whether it is warranty and indemnity (W&I), contingent risk, tax liability or 'after the event' (ATE) insurance, transaction risk products have become a key feature of the M&A and broader commercial landscape.
By combining extensive technical knowledge of these products, along with broad sector experience, we support our clients through the full product life cycle, from development to claims management.
How we can help
Our transaction liability team brings a specialist understanding of this area to help clients manage transactional risk throughout the Asia Pacific region with confidence. We work closely with all relevant stakeholders to develop and deliver a clear strategy which promotes an efficient and effective outcome.
Our services include:
- Coverage advice across both buy-side and sell-side W&I policies.
- Advising on and assisting with the management of claims and disputes, including cross-border and multi-jurisdictional support.
- Underwriting of contingent risk and ATE policies.
Deal-specific advice throughout product development and distribution phases.
Our approach to Transaction Liability claims
Our team includes senior lawyers with deep expertise in managing transaction risk claims. We take a collaborative, outcome-focused approach to transaction liability claims. From the outset, we work closely with clients and stakeholders to understand the transaction context, identify the key issues, and develop a tailored strategy. Our integrated expertise across financial lines and corporate transactions allows us to deliver clear, practical advice that supports and strengthens our clients’ commercial objectives.
Proven capability and track record in transaction liability risks, including the underwriting of contingent risk and ATE policies
Management of claims and disputes across both buy-side and sell-side W&I policies.
Integrated product, sector and subject-matter expertise to promote the development of bespoke strategies for each transaction / dispute.
Extensive experience in cross-border and multi-jurisdictional transactions / disputes.
Examples of our work
Large-scale litigation
Acting for W&I insurers in large-scale litigation before the superior courts of Australia, New South Wales and Victoria in relation to claims under W&I policies, including high-value disputes quantifying in the hundreds of millions of dollars.
Warranty & Indemnity - seller
Assisting certain W&I insurers in relation to a claim under a sell-side W&I policy as a result of alleged non-compliance with governmental reporting obligations, including allegedly fraudulent conduct by the insureds/sellers, with an alleged quantum in excess of NZD 28.5 million.
Tax liability
Assisting a tax liability insurer in relation to a claim under a sell-side tax liability policy issued in Singapore resulting from the potential imposition of indirect transfer taxation following a multi-jurisdictional transaction, with an alleged quantum in excess of US 100 million.
Warranty & Indemnity - buyer
Assisting certain W&I insurers in relation to a claim under a buy-side W&I policy issued in South Korea, resulting from an alleged failure to disclose material changes in a customer relationship, with an alleged quantum in excess of KRW 60 billion.
International arbitration
Acting for a W&I insurer in a Singapore-seated arbitration relating to a series of claims under a buy-side W&I policy relating to the condition of assets across a number of housing developments in Singapore.
Warranty & Indemnity - buyer
Assisting a W&I insurer in relation to a claim under a buy-side W&I policy issued in Japan, resulting from alleged misstatements in financial accounts, with an alleged quantum in excess of JPY 4.5 billion.
Our Transaction Liability Team
Our national transaction liability practice comprises a team of highly experienced lawyers who specialise in the W&I, contingent risk, tax liability, and ATE insurance fields.
"The BN team have greater expertise than any other panel firm at being able to find the appropriate balance of managing all stakeholders involved in a claim, irrespective if the stakeholder is the insured, claimant, broker or underwriter.”
Legal 500 Asia Pacific – Insurance, Australia