I. What are the issues involved in resolving legal disputes in international? The understanding of foreign laws and which laws are applicable, the different cultures and government (Political). All the different ventures that will be entering to, employee issue and supplier. Which arbitrator to use to settle differences.
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II. What are some practical considerations of taking legal action against a foreign business partner based in another country? Weather you can take legal action in the foreign country and what venue should be used and where, look at the written contract and know what governing laws applies. Also looking into taking into consideration clauses that are set and jurisdiction clause. The culture and ethical difference between the two countries. If a arbitrator is needed to solve any issue that may arise and the location of the venue where the issue will be handle at.
III. What factors could work against CadMex’s decision to grant sublicensing agreements? Gentura is financial best interest can violate non-disclosure agreement and sell CadMex’s proprietary information to the highest bidder.
IV. When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? Explain why. The laws that were set in the contract should be used to establish what would be use to settle any and all disputes, the venue that should be used to hear any issue that may arise and should prevail, with the exception of the countries that are signatories to the contract for the International Sale of Goods (CISG).
V. How would you compare the issue in this simulation to the domestic legal issues discussed in your week one readings? How should companies resolve domestic and international issues differently?
The issue is similar to the one on week #1 in relevance of where there issue should be handled (State, Federal and where) these issue are similar in the International business setting as well because of the choice in law and venue. The issue should be handle in the best interest of the business interest.