Factors Could Work Against Cadmex's Decision To Grant Sublicensing Agreements
Legal & Ethical Issues Simulation
Rafael Hernandez
Contemporary Business Law
LAW 421 - Robert G. Lewandowski
March 24, 2014
What are the issues involved in resolving legal disputes in international transactions?
Companies doing business with each other must agree on ground rule that will govern legal disputes during international transactions. As viewed in the simulation, companies must agree on a rule of law that establishes the conditions for conducting business. They must also agree on a forum that will settle that dispute, whether it provides jurisdiction to one of the companies home country, both or is settled in international arbitration.
What are some practical considerations of taking legal action against a foreign business …show more content…
In this particular simulation, 3 main factors can work against CadMex’s decision: Time, costs and ethical/cultural issues. CadMex would be looking at a substantial investment in both time and costs in ensuring quality standards of drugs produced by sub-licensees. On the other hand, as CadMex establishes work processes in a different country, it must find a way to align its own ethical guidelines with the host country’s existing ones.
When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? Explain why.
At all times, a company conducting business abroad must ensure its policies do not discriminate for any reason. Company policy should provide for reasonable accommodations that protect the employee’s rights and beliefs. On the other hand, it is reasonable accommodation after all. The adjustment should not be detrimental to the business or cause undue hardship. In this case, CadMex’s safety standard is key and must be compliant in the international stage. I do not believe either should always prevail over the other. As with everything, its about compromise and finding a balanced
Rafael Hernandez
Contemporary Business Law
LAW 421 - Robert G. Lewandowski
March 24, 2014
What are the issues involved in resolving legal disputes in international transactions?
Companies doing business with each other must agree on ground rule that will govern legal disputes during international transactions. As viewed in the simulation, companies must agree on a rule of law that establishes the conditions for conducting business. They must also agree on a forum that will settle that dispute, whether it provides jurisdiction to one of the companies home country, both or is settled in international arbitration.
What are some practical considerations of taking legal action against a foreign business …show more content…
In this particular simulation, 3 main factors can work against CadMex’s decision: Time, costs and ethical/cultural issues. CadMex would be looking at a substantial investment in both time and costs in ensuring quality standards of drugs produced by sub-licensees. On the other hand, as CadMex establishes work processes in a different country, it must find a way to align its own ethical guidelines with the host country’s existing ones.
When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? Explain why.
At all times, a company conducting business abroad must ensure its policies do not discriminate for any reason. Company policy should provide for reasonable accommodations that protect the employee’s rights and beliefs. On the other hand, it is reasonable accommodation after all. The adjustment should not be detrimental to the business or cause undue hardship. In this case, CadMex’s safety standard is key and must be compliant in the international stage. I do not believe either should always prevail over the other. As with everything, its about compromise and finding a balanced