M&A Disputes Report 2026

M&A disputes are on the rise as global deal activity regains momentum.

While dealmakers have renewed confidence in the strength of the mergers and acquisitions (M&A) market following years of disruption, the disputes emerging from this period point to a more complex and high-stakes environment. Transaction complexity, heightened geopolitical risk and increased scrutiny of post-closing performance are driving more frequent M&A disputes as rising deal stakes push dispute values higher. 

Now in its seventh year, BRG’s M&A Disputes Report 2026 draws on insights from BRG experts, in-depth interviews with leading dispute and corporate lawyers, and a global survey of more than 200 attorneys, private equity professionals and corporate finance advisors. Covering Asia-Pacific (APAC), Europe, the Middle East and Africa (EMEA), Latin America and North America, the report examines key M&A dispute trends and risk drivers—including how macroeconomic, geopolitical and regulatory forces are shaping the landscape—as well as how dealmakers are approaching dispute resolution and mitigation across industries and regions. 

Key takeaways from this year’s report include:

• M&A dispute volume increased in 2025, with growth concentrated in small and middle-market transactions.
• Respondents expect M&A dispute volume to increase alongside growth in the average value of disputes.
• The geopolitical environment is expected to play a more prominent role in M&A disputes, ranking among the leading anticipated catalysts and as the top expected driver in Latin America.
• Financial services experienced the highest level of M&A dispute activity in 2025, while respondents expect energy and climate–related transactions to emerge as prominent areas of dispute activity in 2026.
• Earnouts and representations and warranties (R&W) featured prominently in M&A disputes in 2025, with earnouts expected to be the most prevalent contractual element in disputes in 2026.

The report also examines how M&A disputes are resolved in practice, including settlement trends, dispute resolution venues and the influence of private equity involvement on dispute outcomes.