Dealmakers expect a surge in mergers and acquisitions disputes through 2026 as global deal activity recovers from a multi-year slowdown, according to a new report from consulting firm BRG.

Why it matters: The findings suggest that the rebound in dealmaking is bringing a new wave of more complex and costly post-closing conflicts, fueled by geopolitical volatility, economic uncertainty, and sophisticated transaction structures.

By the numbers: Nearly two-thirds of over 200 surveyed deal professionals expect dispute volumes to increase in the coming year.

  • 81% reported that the number of M&A disputes their firms handled increased in 2025.
  • More than 9 in 10 respondents said the 2025 growth occurred in deals valued under $1 billion.
  • Almost 30% of professionals cited the macroeconomic environment as a primary dispute driver in 2025, up from 19% the previous year.
The big picture: The report links the anticipated rise in disputes to major global trends. Geopolitical factors, regulatory uncertainty, and economic volatility are now seen as leading catalysts for deal conflicts. This reflects a market reacting to interest rate shifts and pressures on valuations.

Zoom in: Contingent deal terms are expected to be a primary source of friction. The report identifies earnouts and disputes over representations and warranties (R&W) as key areas of conflict.

While financial services saw the most dispute activity in 2025, respondents predict energy and climate will be an industry hotspot for disputes this year.

What they're saying: "Momentum is back in M&A, and with it comes a new wave of post-closing risk," said BRG Managing Director Mustafa Hadi in a statement. "In a landscape shaped by bolder deal structures and intensifying global pressures, preparation is not optional—it's a strategic advantage."

Between the lines: The involvement of private equity appears to be a double-edged sword. The report notes that while PE-backed deals can be more contentious and carry a higher dispute risk, the stakeholders involved are also more likely to reach a settlement, suggesting a pragmatic drive for efficient resolutions.

Download a copy of BRG's M&A Disputes Report 2026

SOURCE: BRG

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