Addressing International Legal and Ethical Issues Simulation Summary Nicole Williams LAW/421 March 7, 2013 Kenneth C. Kanouse, J.D Addressing International Legal and Ethical Issues Simulation Summary What are the issues involved in resolving legal disputes in international transactions? The issues involved in resolving legal disputes in international business transactions are legal, ethical, and cultural issues. International transactions and dispute resolutions require both an understanding of the law and sensitivity to foreign culture, politics, formal and informal power structures and decision-making approaches (White and Williams, n.d). However, the issues in resolving the legal dispute is what county should have jurisdiction meaning where would the trial be held. Other issue is what country laws should be applied and whether any foreign judgment obtained might be enforced in the court of choice.
Why hose local laws, when there are well accepted international laws for such transactions”. (Jack Brandt; Chief Executive Officer, Cadmex Pharma) When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? The customs and laws of the jurisdiction that the business has chosen to operate in will commonly prevail. If the company has multiple locations in other countries, the same will apply for each operating location. Compliance with the law of the nation is an initial understanding going into the contract from the
The UCC text and draft revisions are put together b experts in commercial law, submitted as drafts for approved to National Conference on Uniform State Laws reported as Uniform Law Commissioners, in collaboration of American Law Institute (Uniform Commercial Code,(n.d.). Which commissioners include federal and state judges also including law professors and legislators, that is able to practice law anywhere in the U.S. Organizations decide and meet to discuss whether to send drafts back to revision or being endorse them. Mostly it does not involve only one but after deciding for endorse them the states are forced to adopt these rules by the Uniform law Commissioners. The Uniform Commercial Code, which is a mode code, does not always have jurisdiction in a legal effect unless the legislatures as statutes enact
For example, in the simulation CadMex must decide between CISG and CRTIC. The company is basically decided whether to follow an international trade agreement or follow the local trade agreement for the country they want to establish in. Once the choice of law is approved by the local government of then a forum is proposed. A forum selection clause specifies a forum to which a dispute between two conflicting parties will be settled. International Arbitration is a less expensive, neutral way to settle a dispute.
State of Confusion should be filed in the Federal District Court. This case should take place in a Federal Court because the decree generates an impermissible trouble on interstate commerce. According to USlegal.com Interstate commerce refers to the acquisition, retailing or trade of merchandise, shipping of public, funds or merchandise, and routing of waters among diverse circumstances. Interstate business is regulated by the national administration as endorsed in Article I of the U.S. Constitution. The federal government can also control exchange in a situation when it has an effect on interstate progress of supplies and provisions and may strike down state proceedings which are obstacles to such movements (2012).
One of the main objectives of the simulation was addressing some of the potential legal and ethic issues resulting from such a partnership. While developing a contract that meet each company needs and offered protection to property rights and potential disputes. In working through the simulation some of the issues involved with working with foreign business are the legal system. An organization dealing with legal issue in a foreign court run the tendency of the case reviewed quickly resulting in facts being overlooked. Another issue is the difference is two countries law what is able to stand-up as proof
International Legal and Ethical Issues Keith Shaheen LAW 421 January 17, 2013 Simone Tyler International Legal and Ethical Issues Setting up a contract between Cadmex Pharma; in the United States and Gentura in the country of Candore; must be mutually beneficial for both companies. The contract should protect the rights of a company against any disagreements or disputes. American business in foreign countries will need to consider the different cultures, customs, ethical differences, international laws, and political situations when negotiating any contracts. Both companies will have to determine which laws to follow when attempting to resolve any disputes. In this scenario there are two types of laws to choose from are,
Addressing International Legal and Ethical Issues Simulation Summary What are the issues involved in resolving legal disputes in international transactions? The first thing to consider when dealing with legal issues in international transactions is to choose the proper contract for the country and company you are dealing with. You need to know if the contract will be enforceable and under which circumstances it will or will not be and which country it will be enforceable in. All countries have different laws in how and whee they handle legal disputes and making the contract so it covers all of these issues is very important so it can be enforced if problems would occur. What are some practical considerations of taking legal action against a foreign business partner based in another country?
International Legal and Ethical Issues Eddie Brown Law/421 September 25, 2014 Lydia Quarles International Legal and Ethical Issues Companies are informed of international legal and ethical issues procedures on how to do business with foreign countries. The international legal issue are choices surrounding law selecting local counsel, understanding of the local laws, and due diligence must be considered in order to make good decisions when doing business in other countries. In the simulation, the legal issue that affect CEMEX was understanding of the laws of the country they were doing business with laws that are managed by the government of other countries could causes problem with their business agreement. The issues Involved in
Addressing International Legal and Ethical Issues Simulation Erik Larson Law/421 February 17th, 2013 Eric Nord Addressing International Legal and Ethical Issues Simulation Strategy and tact are both required when a profitable endeavor is wanted while conducting international business. When conducting international business, legal issues are bound to arise, but must be resolved in order to retain the relationship between organizations. How a company deals with these legal issues is what can set a successful company apart from the rest of the field. When entering into an agreement with a company in another country, legal documents must be drafted to protect each company’s interest. In a business context, dispute resolution is not simply