Legal Issues - Gentura

Topics: Law, Contract, Vice President of the United States Pages: 3 (924 words) Published: March 29, 2008
CadMex Pharmaceutical Memorandum
To: Mr. Jack Brandt, CEO; Kera Sawyer, International Legal Counsel From: Dan, Vice President of International Business Development Date: March 9, 20XX
Subject: Current Gentura Status
I would like to take this opportunity to bring everyone up to date on the status of our relationship with Gentura. We have been working in partnership with Gentura a biotechnology company based in Candore since 2007. Candore, a small developing island country in South East Asia, has been under the dictatorship of President Gwendoz since 2004. President Gwendoz, encourages foreign investments into Camdore however, these investments come with some risk. All Camdore international business transactions are subject to the approval of the Candorean government. The good news is that are relationship with Gentura and the Candorean government has been favorable until recently, and our partnership with Gentura continues to venture into new opportunities. History of Partnership

When entering into our contractual relationship with Gentura, CadMex choose the choice-of-law-clause of Candorean Regulations for Technology Import Contract (CRTIC), over the option of Contracts for the International Sales of Goods (CISG). It was determined early into the process that CISG was not a valid option since the country of Candore was not a signatory of CISG. Therefore, CRTIC was the chosen as the choice-of-law-clause, although CadMex legal counsel had many concerns about the red-tape Candorean authorities could insist upon. The forum selection clause chose Nonbinding International Arbitration, as the forum to dispute any contractual issues with Gentura. The nonbinding International Arbitration was chosen even after Candore gained WTO membership, because the Candore and US Courts has varying previsions about international contracts.

During March of 2012, the relationship between CadMex and Gentura became fragile. President Gwendoz was overthrown in a coup by a...
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