THE INTERNATIONAL COMMERCE & LAW REVIEW (무역상무연구)
- Volume 47
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- Pages.79-104
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- 2010
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- 1229-2036(pISSN)
Case Analysis on Dispute Resolution in International OEM Transactions
국제 OEM 거래상의 분쟁해결에 관한 사례연구
- Received : 2010.07.30
- Accepted : 2010.08.23
- Published : 2010.08.30
Abstract
The Original Equipment Manufacturer(OEM) Export is one of the most frequent trading system in international transactions, especially for Korean export companies. Even with vast majority of benefits of OEM Export, it still has two sides: bright and dark. Frequently, uneven position between parties drives a party to endure transactional practices harsh and unconscionable. A Recent case in one Korean court shows another aspect of OEM transactions. For the provisional measure against unilateral termination of the contract, it contain essential legal issues that can arise in international OEM transactions, like international jurisdiction, interpretation of contracts, termination of contracts, etc. Deep analysis of several issues in the case, apart from the court's decision, is expected to give insight into the legal status of the parties for strategic operations of OEM practices.
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