Legal Aspects †International Business Law

Executive SummaryIn order to fully understand the dichotomy of this case there essential first be an anlysis of the salient points. This case of international trade impartiality applies to transactions for goods or services that cross national boundries. Parties stated herein were affected by disputes regarding nonplusual rights and duties The case concerns government substantive and adjective law at an international level.Case backroundBob keyes, CEO of Fullerton-based MemoryTech Inc., initiated reverberate and email communications with purchasing agents in Vietnam, Turkey, Great Britain and Mexico. In his sixfold conversations, there were no formal sheerual negotitations amongst MemoryTech and purchasing countries, to his give neglect.Substantive and adjectival issuesKeyes is determined to file suit against Minh and the Government of Vietnam in an American tourist court. However, his claim of breach of start out is not substantiated in his argument. adjective law prescri bes a method of enforcing rights or of obtaining redress for the invasion of rights.1 There is no mention, in the text, of any wrongdoing from Minh that would result in penalty. Unless there is other evidentiary material to prove otherwise, there is an absence seizure of information to build a foundation for this claim. Furthermore, the fact that an official indite contract was never endorsed leads to a gray area which would be thorny to interpret in court.The case between Gul and Keyes has a more tenacious interpretation. The language in Guls fax indicated that, any disputes arising out of this contract must be nail downd by arbitration in Istanbul. The confidence here is that the fax was intended to be a written contract initiated by Gul and signed by two parties. However, for a written contract to be good and bond, it must be signed by both parties. Keyes did not sign and return the document therefore, the only avenue getable to Gul is to choose an alternative resolution .In addition to this case, there is an incident involving Keyes daughter, Benn, who made an oral commitment and promise to deliver shirt-pocket computers to several of her classmates. Gener every last(predicate)y, courts do not regard oral commitments as a legal and binding contract and, in most cases, interpret them as hearsay.Finally, the accident which occurred in a Mexican warehouse causing serious bodily spot and property damage is a case of punitive damages and should be referred to a CISG advisory council. Specific to this case is the fact that an innocent injure society wants to be compensated for the damage caused by the injury. International courts give have to address this case with more scrutiny.Legal rights and duties of MT and all other relevant partiesAll four of these issues are civil cases in which the parties have, available to them, procedural and substantive law. The basic function of civil procedural law is to facilitate the movement of a lawsuit through the legal system.2 This is a safeguard initiated by international law in order to ensure that each party willing be afforded circus 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 counsel because of the mental 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 arise between parties in international business transactions, parties are reluctant to use unconnected courts to resolve their disputes.Sometimes parties entering an international contract will turn alternative methods of resolving disputes without going to court.These methods, known as Alternative scrap Resolution (ADR), offer a mechanism of neutrality for resolving disputes. To resolve future disputes without resorting to a foreign legal system, parties should plan ahead 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, opening to Law, pg. 952. IBID3. Kathryn H. Nickerson, (2005), Primer on International Alternative struggle Resolutions,Office of the Chief Counsel for Intl Commerce, pp. 1-2