International Legal and Ethical Issues Simulation Summary

International Legal and Ethical Issues Simulation Summary

International Legal and Ethical Issues Simulation Summary
CadMex and Gentura negotiated the choice of law clause that specifies which law will be applicable and what forum to use if a dispute arises between them. They determined that non-binding international arbitration would not only suit their needs, but it would be less costly than litigation and would also expedite dispute resolution. The international arbitrator’s power in conflict resolution will have a procedural outline in a written agreement that is agreed upon by both parties.
Some considerations to taking legal action against a foreign business partner are the choices of law clauses agreed upon when negotiating contracts. The Candorean regulations for import contracts benefit CadMex’s circumstances because Candore would enforce their own regulations. There are other considerations to address such as foreign government’s policies, cultural, employee, and they can have influences on business abroad.
There are factors to consider in sublicensing agreements. The amount of time and increased costs involved for maintaining production standards after sublicensing. The efforts will meet Candorean requirements of control as well as maintaining the company’s prudent value. Another factor to consider is that the cheaper generic brands will under-cut the Candorean brand by way of cost and the Candorean authorities would not approve future CadMex’s sublicensing agreements.
When dispute resolution, arbitration rules, and contract agreements are conflicted, the tenets of federal supremacy of the U.S. Constitution and treaties are the law of the land. They take precedence over local laws and customs that clash with laws and customs of a company operating overseas. Reasonable accommodation can be provided to respect Candoreans’ religious and customary practices.
Organizations did not resolve domestic and international issues in a competent manner in the week one readings. The cases were conflicted and each party came out of the situation in an unfavorable position. Organizations should resolve domestic and international issues much differently. Litigation and arbitration are the favorable venue for companies dealing with international conflict. However, when that does not work, it is important to have a firm and lead counsel who not only have the contacts to ensure a favorable outcome but also the experience and expertise.

References
Melvin, S. P. (2011). The Legal Environment of Business: A Managerial Approach: Theory to Practice, 1e. Retrieved from The University of Phoenix eBook Collection database
University of Phoenix. (2004). Addressing International Legal and Ethical Issues [Multimedia]. Retrieved from University of Phoenix, LAW421 website.

References: Melvin, S. P. (2011). The Legal Environment of Business: A Managerial Approach: Theory to Practice, 1e. Retrieved from The University of Phoenix eBook Collection database University of Phoenix. (2004). Addressing International Legal and Ethical Issues [Multimedia]. Retrieved from University of Phoenix, LAW421 website.