International Legal and Ethical Issues Simulation Summary

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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...
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