Legal Aspects †International Business Law

Executive digestIn order to fully understand the dichotomy of this case at that place must first be an anlysis of the salient points. This case of international address righteousness applies to transactions for goods or services that cross national boundries. Parties stated herein were affected by disputes regarding contractual rights and duties The case concerns government substantive and procedural law at an international level.Case backroundBob keyes, chief operating officer of Fullerton-based MemoryTech Inc., initiated telephone and email communications with acquire agents in Vietnam, Turkey, Great Britain and Mexico. In his multiple conversations, at that place were no formal contractual negotitations between MemoryTech and purchasing countries, to his own neglect.Substantive and procedural issuesKeyes is determined to file suit against Minh and the regimen of Vietnam in an American court. However, his claim of br distributively of contract is not substantiated in his a rgument. Procedural law prescribes a method of enforcing rights or of obtaining redress for the intrusion of rights.1 There is no mention, in the text, of any amiss(p)doing from Minh that would get protrude in penalty. Unless there is other evidentiary material to prove otherwise, there is an absence of information to build a foundation for this claim. Further more than, the fact that an functionary create verbally contract was never endorsed leads to a gray area which would be difficult to interpret in court.The case between Gul and Keyes has a more lucid interpretation. The language in Guls fax indicated that, any disputes arising out of this contract must be resolved by arbitration in Istanbul. The assumption here is that the fax was intended to be a compose contract initiated by Gul and signed by both parties. However, for a written contract to be reasoned and binding, it must be signed by both parties. Keyes did not sign and re criminal the document therefore, the only driveway available to Gul is to choose an alternative resolution.In addition to this case, there is an misadventure involving Keyes daughter, Benn, who made an oral commitment and promise to deliver shirt-pocket computers to several(prenominal) of her classmates. Generally, courts do not regard oral commitments as a legal and binding contract and, in most cases, interpret them as hearsay.Finally, the hazard which occurred in a Mexican wareho white plague causing serious bodied injury and property damage is a case of punitive regaining and should be referred to a CISG advisory council. Specific to this case is the fact that an impartial injured party wants to be compensated for the damage caused by the injury. internationalist courts testament have to address this case with more scrutiny.Legal rights and duties of MT and all other relevant partiesAll four of these issues are courtly cases in which the parties have, available to them, procedural and substantive law. The basi c function of civil procedural law is to facilitate the movement of a lawsuit by dint of the legal system.2 This is a safeguard initiated by international law in order to ensure that each party will be afforded fair and impartial treatment. In addition to their right to procedural law, each party has the right to substantive law which basically encompasses the principles of right and wrong as well as the principle that any civil wrongdoing will result in penalty.What should be done?In brief, MTs board of directors should seek a second opionion from legal rede because of the confusion in the interpretation of internationl law from both parties.Traditionally, in this country, parties turn to the court system when they cannot come to an amicable solution by themselves. However, when disputes fig out between parties in international business transactions, parties are reluctant to use foreign courts to resolve their disputes.Sometimes parties entering an international contract will c onsider alternative methods of answer disputes without going to court.These methods, known as resource Dispute Resolution (ADR), offer a mechanism of neutrality for resolving disputes. To resolve future disputes without resorting to a foreign legal system, parties should plan onward by including an ADR clause in their contract. If this clause would have been included in a contract, the issue between Keyes and opposing parties could have been avoided.3Works Cited1. Delmar Au Walston-Dunham, Introduction to Law, pg. 952. IBID3. Kathryn H. Nickerson, (2005), Primer on International alternate Dispute Resolutions,Office of the Chief Counsel for Intl Commerce, pp. 1-2