한·일 부품소재기업 M&A시 분쟁해결방안에 관한 연구

A Study on How to Resolve Disputes Arising out of M&A Deals between Japan and Korea Materials and Components Corporation

Korean government has tried to support Korean material & component corporations to make them bigger and be qualified for competing against global companies thorough international cooperation and M&A project. Korean government set up M&A fund and relevant policies targeting for Japan material & component corporations suffering from the absence of successor. There are also several reasons why Korean government has been interested in Japan such as much similarity in legal system and corporate culture between Japan and Korea. But we should be so careful for the possibility of disputes arising out of M&A deals because of the M&A s long-term ’ contract character and the regulation of Japanese governments. Therefore, it s so ’ important to search what kind of M&A disputes have happened in Japan and find out effective prevention and resolution method for those. With regard to international dispute resolution, Arbitration has several advantages compared with litigation such as enforceability by New York convention, confidentiality, decision making by experts and so on. When Korean companies consider arbitration as dispute resolution method in international M&A deals, they need to be more careful for several issues such as arbitration institution, seat of arbitration, appointment of arbitrators.