Anaylsis Gentura Has Manufactured an Term Paper

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The contract must also explain where the case would be settled. The best choice is of course international arbitration because it is a neutral ground that is likely to provide speedy and inexpensive settlement. However the problem is that Candore has not ratified any international trade convention, which makes it difficult for the U.S. To enforce the settlement on it. For this reason, it is important that the dispute be settled in a U.S. court. While the Candorian justice system could have been an easy choice, the problem is that in that country judiciary is not independent of the government and there is a possibility that government would want to influence the decision. Gentura is their own local business and they would not want to impose penalties on it for some foreign firms. In order to remove this problem, it is best to use the U.S. courts for dispute settlement. In the U.S., the judiciary is independent and fair trial is not doubted. For this reason, Cad Mex must ask Gentura to agree to this term. While the U.S. courts may not allow cases against foreign firms operating in their own state, it does allow cases of commercial nature.

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This is a commercial case since technology was transferred from the U.S. To Candore. The U.S. courts will allow this dispute and resolution of it might be less of a hassle.

Recommendations:

Based on the suggestions above, it would be correct to say that Gentura can be involved in the breach of contract. This is always a possibility with a firm operating in a small developing country with a dictatorship and no signatory status. The fact that Candore is not a signatory to any major trade organization may act as an incentive for Gentura to sell the technology ahead and earn good amount of money. However in order to avoid this from happening, both parties must agree on all the clauses of the contract and this contract must contain clear clauses on what would happen in case of a breach. The terms of the contract must also be fully explained to the foreign party. Laws and forum choices must also be agreed upon. The terms of the contract are Cad Mex's only protection against unethical and illegal use of its technology......

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