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Addressing International Legal and Ethical issues Simulation Summary
Janella Fisher
LAW/421
June 16th, 2014
Rosalie Drawbaugh

Addressing International Legal and Ethical issues Simulation Summary

When issues are involved in resolving legal disputes in international transactions an international mediation should take place for determining these international disagreements. In the meantime, there should be a stipulation of dispute resolution put into place whether or not if any infringements arise which will cover the processes for a resolution. This would include the procedures, legal action or settlements, and the courts authority. With that said, contract provision should be imposed through the cross-border multi-jurisdiction transactions for legitimate support.
Preventing disputes with a foreign business partner is not likely but some practical considerations of taking legal action against a foreign business partner based in another country from being more of a headache can be to making sure that the laws between the countries have written documents stating that they have reached a mutual agreement and understand the terms and conditions under the English laws and courts by each party. Some other considerations can be to providing a hard copy to confirm their negotiations and embrace a provision of arbitration incase if a disagreement should arise.
The factors that could work against the CadMex’s decision to grant sublicensing agreements is that if the third party has careless intentions this could create accruing litigations. Also, if a member of the staff makes mistakes by not complying with what is written in the agreement the company would be held accountable for the carelessness.
What should prevail when the local and customs and laws conflicting with the customs and laws of the organization operating abroad, are the local customs and laws in which the organization is operating in no matter what country they may be in. The reason why this should prevail is due to that laws are made specifically for a country to be abided by and complied to and are enforced within the particular jurisdiction or land when there are branches of stores are located across the county. In this week’s simulation we had to construct the most favorable decision in which benefited the U.S. and foreign companies. When comparing the issues in this week’s simulation to the domestic legal issues in week ones readings seem to only have a dissimilarity when handling domestic and international issues. How companies should resolve domestic and international issues differently should start with having a very knowledgeable legal team or department. Resolving domestic and international issues all comes down to how much homework you did on learning the laws and the codes of the legal systems involved. Domestic issue usually involve much smaller parties and there are less people you need to make aware of changes. International issues are usually much larger parties and can even involve the governments of the parties involved. Communication is a must and every little detailed must be conveyed to avoid confusion. With the right legal team doing the right research domestic and international issues can be handled smoothly and swiftly.

Reference

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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