Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
¶ … International Legal Issues
CadMex
Issues involved in resolving legal disputes in international transactions.
Issues that come up involving legal disputes in international transactions are choice of law, statute of limitations, general procedure involved with notice and filing of law suits, or in other words, who has jurisdiction. The Asahi case is an example of whether jurisdiction can attach to foreign countries. Decided on February 24, 1997, Asahi Metal Industry Co. v. Superior Court, 480 U.S. 102 (1987) was a case decided by the United States Supreme Court, in which the court decided whether a foreign corporation, by merely being aware that its products could end up in the forum state and into the American "stream of commerce" which later caused injuries, satisfied the minimum contacts necessary to satisfy jurisdictional due process requirements In that case, Asahi Metal Industry, Co. was an international corporation based...
These valves were bought by Cheng Shin Rubber Industrial Co. A Taiwanese distributor. One of these valves was alleged to have failed, causing an accident in California. As a result of the accident the driver of the motorcycle sustained serious injuries and his wife, who was riding on the motorcycle as a passenger, was killed. The accident victim sued Cheng Shin in a California State court, and Cheng Shin in turn filed a third-party complaint (impleader) seeking indemnification from Asahi. Asahi contested California's personal jurisdiction over Asahi. The Supreme Court found that in this case, the burden on the defendant was severe based on both the geographic distance and legal dissimilarities between Japan and the United States
Practical considerations of taking legal action against a foreign business partner based in another country.
As stated above, some…
As stated above, some practical considerations include the cost of trying the case because of the parties' and witnesses locations. For example, say a witness is in Japan. The case is against a Japanese company. Texas has jurisdiction due to the work done in Texas. The cost to the plaintiff of flying in witnesses, or perhaps not having access to key witnesses because of the distance involved are practical considerations of taking legal action against a foreign business partner based in another country.
Factors that could work against CadMex's decision to grant sub-licensing agreements.
With the integration of economies around the world even if you work for the domestic market you are a part of international business because the world today has become interrelated and each country is dependent on the other. (Mohan, 2012.) As such, there a number of factors involved. There are factors that could work against CadMex's decision to grant sub-licensing agreements. First, the employees hired would be foreign, and as such would view the business from the view point of their own culture. The culture of the country within which an American business opens is a factor that can not be over looked. Other factors include: the compensation will differ; economy will differ and have separate demands of its own in each country; the importance of family changes from country to country, dictating how many hours a family member should work a week, health care is different; women's and children's rights regarding work will pose challenges (especially in China where child labor is acceptable); etiquette differs, work habits differ, taxes differ and of course choice of law is paramount if there be a dispute. (Global, 2003) Most obvious of all is the language barrier, so
International Legal and Ethical Issues Simulation Summary George Egloria Thane Messinger Addressing International Legal and Ethical Issues Simulation Summary Issues involved In jurisdictions where the assets or shares of the transactions are located, a local counsel will be a mandatory prerequisite. In addition, it is likely to engage the local counsel in the seller's jurisdiction. The process of selecting the appropriate company to collaborate with is important. Apart from competence, issues like commitment, trust,
CAD Mex Case Study Globalism has resulted in a number of changes for the economic viability of the modern corporation. As both the developed world evolves in their new market structure, the developing world adds to the pressures and changes necessary to do business in the contemporary environment. Doing business is not the same worldwide, and the citizens of the global village realize that there are different cultural norms, behaviors, and