Addressing International and Ethical Legal Issues

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Addressing International and Ethical Legal Issues What are the issues involved in resolving legal disputes in international transactions? When a business operates internationally, they inevitably will be faced with the task of confronting legal disputes with their international partners or within the host country they are doing business. These situations will demand that certain issues be addressed in order to resolve the dispute. Issues such as the legal forum of resolution and the applicable local or international law will be relevant concerns when resolving legal disputes, and should be known by the commercial participants prior to the occurrence of a dispute. In the case of the course material simulation, a question posed to the student related to which forum a complainant should refer their case in the event of a legal dispute between CadMex, a U.S. based company, and Gentura, a company based in the Southeast Asian country of Candore. The student could choose to refer a dispute to the US court system, the Candorean court system, or either an international arbitrating body. Both companies have a vested interest in the forum that disputes are handled. If it is handled in the country of either the complainant or the defendant, local biases or pressures could affect the outcome of the decision. If the dispute is referred to an international arbitrating body, the commercial partners must agree on whether to accept that body’s ruling as binding or non-binding. If it is binding, then the companies must agree that the dispute is settled. If it is non-binding, it is agreed that the ruling is a strong suggestion as to what the outcome should be, as well as a signal to the rest of the world as to what a non-biased decision is regarding the dispute. The disputing parties can abide by the non-binding decision or choose to use more resources and time in
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