What are the issues involved in resolving legal disputes in international transactions?
The issues involved in resolving legal disputes include justice system to be followed in resolving the case. Another issue is the time in which the legal system is willing to dedicate to that particular case. The difference in the business law surrounding the two countries may also be involved in influencing the conflict direction or intensity.
What are some practical considerations of taking legal action against a foreign business partner based in another country?
One of the practical considerations of employing legal action over a foreign business partner is the difference in the business laws between the two countries. Basically if there are conflicting laws, it is important for the partner to know that the case of the business can only be settled based on the laws of the country where the business is situated. Thus, their homeland law is irrelevant and can never be used to resolve a dispute. Other includes the chances of experiencing crisis such as health, economic or political crisis that may but the business at a risk. Also, one needs to evaluate the chances of business expansion in the country and the chances that the legal condition in the country that may fuel business growth (Melvin, 2011).
What factors could work against CadMex’s decision to grant sublicensing agreements?
There are a number of factors that would work against CadMex’s sublicensing decision. One is sublicensing increase the CadMex liability especially if the company does not include clause that protect them from various risks that they can be subjected to by the other company. This includes human errors that can be controlled. Other factors facing CadMex include cost and time required to manufacture and also guaranteeing quality standards of the drugs manufactured by the sub-licensed company.
When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? Explain Why.
When the local customs and laws conflict with the laws and customs of an organization working abroad, then, the local law and customs of the prevailing country should be adopted. This is because the company must first obey the laws of a country it operates in before forcing its employees to adopt its law. Since the employees of the company are more likely to originate to the prevailing company, the company should not expect them to disobey their country law to keep its law. Thus the company should consider forgetting its local laws and customs and adopt laws and customs of the country it is located in (Melvin, 2011).
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?
Basically, when there is an intensive conflict between domestic legal law and that of a foreign country involved in international business, there is a clear indication that the local law was established without putting much consideration to the international trade. Otherwise, the two laws are not supposed to be very different so as to enhance the success of the local country business in the international level. Week one discussion focuses more on resolving local business conflicts where international needs are not addressed. However, legal litigation through courts or using legal representatives is encouraged to resolved conflict between local and international business partnership conflict.