Conclusion of the preliminary chapter
In this introductive chapter, we have shown that cross-border
merger transaction involves complex working process that requires a very
careful preparation during the negotiation and the integration phases.
Companies governed by laws of different countries must be
recognized to establish by way of merger without constraint. Failing uniform
legal basis in civil law and common law countries recognizing freedom of
movement of companies, there is a need to coordinate national conflict of law
rules and to harmonize national substantive laws. However, the observed
harmonization of the law on cross-border mergers at the European level and
within the US is likely to lead to a further, dramatic increase of the number
of transatlantic mergers transactions, which will intensify the number disputes
relating to these transactions.
Implementing ADR mechanisms to resolve disputes arising out of
cross border merger transactions is highly required. In other words, European
and American scholars need considerably to take a fresh look at the
intersection of ADR and international merger business activity.
To the extent this implementation must cope with the
potential
challenges concerning theses alternatives to litigation remain to
be seen
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