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Law 421 Week 2

In: Business and Management

Submitted By ch4427
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Addressing International Legal and Ethical Issues

1. What are the issues involved in resolving legal disputes in international transactions?

The issues that are involved in resolving legal disputes in international transactions are, first you need to understanding and sensitive of the foreign law, culture, politics, formal and informal power structures and decision making approaches. This applies whether you are forming a joint venture with an Asian company, or enforcing contracts with European suppliers.

2. What are some practical considerations of taking legal action against a foreign business partner based in another country?

Some practical things to consider are, that the law of the other country is the most important thing to take into consideration. The laws of the U.S. are only enforced in the U.S. and not in the foreign country that you have expanded to. Meaning the only laws that you be able to enforce are the ones that are in place in that country. Another is that contracts can only be enforced if they are backed by the laws in the country they are made in.

3. What factors could work against CadMex's decision to grant sublicensing agreements?

Some of the factors that can work against CadMex’s decision are, first this can leave the organization up for lawsuits. If any of the contracted workers does something wrong it could possibly make the main company fully liable. Also it could start to dilute the brand of the company.

4. When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? Explain why.

When local customs and laws conflict with the laws of an organization, the customs and laws of the country that the business is being conducted will prevail. This is because, if a company has locations in more than one country, whatever business that is conducted must be in compliance with the law of the country in which it is actually taking place.

5. How would you compare the issues in this simulation to the domestic legal issues discussed in your Week One readings? How should companies resolve domestic and international issues differently?

When two businesses decide to enter into a contract, each wants the laws of their country to apply, because their laws protect them. When a company does operate in their own country they know the laws that protect them. When they choose to operate outside of their country, they may not be familiar with the laws of other countries. In order to protect themselves they should seek a lawyer who is familiar with the country that you choose to expand in; by acquiring a lawyer that meets this qualification, they will be able to read contracts and ensure both parties are protected.

References
Biehn, G. (2012). International Transactions and Disputes. White and Williams LLP. Retrieved February
19, 2014, from http://www.whiteandwilliams.com/practices-International-Transactions-and-
Disputes-Practice-Group.html.
Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New
York, NY: McGraw-Hill/Irwin.

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