Arbitration is a popular choice for dispute resolution in Japanese-German cross-border corporate transactions. In Germany, it has become the common method of resolving post M&A disputes. Typical scenarios include disputes about contractual representations and warranties, purchase price adjustments, MAC (Material Adverse Change) clauses, earn-outs, escrowed funds, and statutory tort claims. Often le-gal and accounting questions are intertwined.
In a Japanese-German cross-border M&A deal, some common questions arise: Should I select arbitration? If so, what choices should I make in the arbitration clause? Is splitting the seat from the applicable substantive law a good compromise?
In this seminar, we will invite panelists who are active on the front line from both Japan and overseas, who will discuss typical challenges that arise from cross-border M&A transactions, and how they can be addressed in contract drafting, and whether those typical issues could be solved through arbitration
This seminar is open to non-members of the Japan Association of Arbitrators. Please note that you can only participate at the venue and not online.
DIS@Tokyo: Japanese and German Perspectives on Post M&A Disputes
Date: 14 March 2024, 2.30 – 4.30 pm (GMT+9)
Venue: Tokyo Facilities for Arbitration Hearings (TFAH), Hearing Room (Room 14), 36F, Ark Mori Building, 1-12-32, Akasaka, Minato-ku, Tokyo 107-6036, Japan
For further information please refer to the invitation.
Registration
Please send an email to the Secretariat of the Japan Association of Arbitrators (jaa-info(at)nichibenren.or.jp) and the person in charge of this seminar (takahashi(at)kojimalaw.jp) to inform them of your name, affiliation, contact details, and whether you are a member of the Japan Association of Arbitrators, by 13 March 2024. (Please add both two e-mail addresses above to the email.)