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.
If an agreement cannot be made, another consideration is to proceed to international arbitration, which was the agreed upon method of dispute resolution between the two companies. Both companies need to resolve the dispute in the quickest and easiest way in order to still make money and continue production while saving the relationship, if possible. A factor which could work against CadMex’s decision of sublicensing agreements is the red tape CadMex must work through as a prerequisite to doing business in Candore. Other countries have their own rules which any business must abide by.
International Legal and Ethical Issues Simulation Summary University of Phoenix Law/421 There are a number of things a company should be aware of when getting involved in international business. A few factors ought to be considered, factors such as, knowledge of local laws, international laws, political situations which can arise and cultural differences. When a company ventures out to pursue business internationally, the importances of knowing both local and international laws are crucial. Knowing these laws; can help guarantee contracts and agreements entered, will be legal and enforceable. Moreover, it is important to comprehend the political standing of a country, in which business is conducted, in order to establish if there is at all, volatility that could change the agreement.
Addressing International Legal and Ethical Issues Simulation Summary Brenna Hogue LAW/421 Nikki Chtaini May 5, 2014 The simulation discussed a business agreement between two international companies, CadMex Pharma and Gentura. When one company enters into a contract with another company located in a foreign country, both parties need to ensure that the contract is legal in both countries. Defining all the terms of the contract in a detailed and explicit manner is crucially important. When both parties have clear terms of the contract, there will be less chance for any type of dispute to occur. From an ethical standpoint, Gentura faces quite the dilemma due to the rare viral epidemic currently plaguing the country of Candore, where the country is located.
International Arbitration is a less expensive, neutral way to settle a dispute. Both parties present their case and the arbitrator works toward a resolution. Another forum is the U.S courts and local government courts of that country. Many businesses may push for the “home court advantage” of the forum and this may pose a problem. It is best to agree on International Arbitration on neutral ground to solve conflict.
Making an assessment of these “not so clear cut” or difficult cases may discourage a lawyer from pursuing them and he might end up deciding that they are not worth the trouble at all. In my opinion, however, there exists a moral and ethical obligation on the part of any lawyer to represent clients who seeks legal counsel, even when there is an issue of ethics, legality, or when the odds of winning a case seem nil at best. Let us take, for example, the case of a client who comes to a lawyer with a problem where he has done some “under the table” work for a company and he is owed a lot of money for said work. Should the fact that he has been working “under the table” to avoid paying taxes deny him his right to collect the money he has rightfully earned? Is he solely to blame for trying to avoid paying his share of taxes or should the company that hired him also share some of the responsibility?
Persuasive Paper Part 1: A Problem Exist Linda Aponte Strayer University Introduction Outsourcing is one of the most popular trends in present times as outsourcing helps companies to achieve higher levels of cost efficiency. A company that engages in any off shoring/outsourcing activities; - these activities may include production and information processing. Outsourcing helps a firm give out some portion of its work and ensure that it carries out only the main aspects of business thus focusing on the major aspects of work and value addition activities. Since there are foreign nations involved in case of outsourcing, the rules and regulations as well as the laws and legislations of each of the nations are severely different. Thesis Statement In case of companies outsourcing to nations without labor laws and union laws, it is quite possible that there is exploitation of workers and practices like child labor prevail.
Knowing the legal requirements for making binding contracts is important. Contracts provide the means for individuals and businesses to sell or transfer property, services, and other rights. Without enforceable contracts, the business world would collapse. A contract is defined as an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. (Black's Law Dictionary, 2005) The agreement will create rights and obligations that contracts, in many instances, do not have to be in writing to be legally binding.
It is also necessary for the government to improve the environment in which companies and businesses can take countermeasures, using civil and criminal remedies and administrative enforcement system where infringements occur. Also, companies and governments should implement the intergovernmental policy consultations and establishment of international cooperation. Do you think that the international business community is being too lax about the abuse of intellectual-property rights? Are international companies simply afraid to speak out for fear of jeopardizing access to attractive markets? Yes I do believe the international business community is being too lax about the abuse of intellectual-property rights.
The study of global business is relevant to any person who is in the business world, no matter the size of their organization. The first reason is that so many things are imported from other countries. Closing a deal in China will be a very different process than would be in France than it is in India. Customs of other countries need to be followed if a businessperson is to be successful worldwide. Also important to consider are the difference in shipping costs from different ports, as it will change the “landed cost” of the item, and the retail price and profit margin.