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LECTURE 12 SCENARIO; BREXIT
1.

Due to brexit, my business will be greatly affected in soo many ways such as;

In the Wider marketplace and commercial issues, changes in the labour market and currency effects is already an issue, with the costing and availability of certain supplies and goods that has changed substantially.

Period of regulatory and legal uncertainty; with the brexit, there are already new UK regulations that are likely to replace the Eu law and bringing into effect future trade changes. This will also cause legal uncertainties as these changes bed in up to 2021 and beyond.

In supply chain issue; there has been a great change in the supply chains due to the effects of tariff and country of origin requirements.

In Border issue; we have suffered business dealings with cross-border transit as it entailed additional hurdles as compared to before.

In Compliance with future tariff and trade requirements; now we are obliged as importers and exporters to have measures in place to comply with additional administration and in paying additional tariffs.

In staffing and employment requirements; this has costed us additional requirements for work, residence and travel.

In changes in sources for funding; recently, the Eu funding has ceased, making it difficult for most sectors to get funding of any kind.

In issues of brand names and designs; we are now expected to apply for separate trade mark designs as the UK has exited the EU.

2.

The potential outcomes of the brexit are;

Shortages, price rises, recession, chaotic,
Hard Brexit after transition, Customs union after transition,
Goods-only single market access,

3.

All these outcomes will affect my business greatly due to the changes it will bring.

4.
Steps companies could take to prepare for Brexit
Companies can consider the following among options to prepare for Brexit:
• Assess the level of exposure under different potential trade scenarios and identify any actions that should be prepared ahead of time
• Alongside applying for new licenses and rulings, company processes will need to be adjusted and systems will need to be changed, including both compliance and ERP systems (e.g. in relation to the determination of tax codes).
• New controls may need to be designed, implemented and embedded in processes.
• All contractual arrangements in place will need to be reviewed or redesigned.

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http://www.nortonrosefulbright.com/files/the-governing-law-of-the-arbitration-agreement-qa-115916.pdf

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https://www.judiciary.uk/wp-content/uploads/2017/08/legaluk-strength-of-english-law-draft-4-FINAL.pdf

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https://books.google.co.uk/books?id=7nDXqoceNLkC&printsec=frontcover&dq=seat+of+arbitration+clause&hl=en&sa=X&ved=0ahUKEwiw_tTCrPzeAhWpB8AKHeIXA7UQ6AEIKDAA#v=onepage&q=seat&f=false

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LECTURE 5 : Scenario: Exporting and Importing

Analysing the CISC , in details , and having both parties' ideas in mind, in answering the set questions and quoting the relevant CISG provisions where needed ;

1 .

The UK is not part of the CISG, as the ministers do not see the ratification of the convention as a legislative priority. Hence since ratification would need legislation and the CISG must take its place in the queue with the many other priorities for the UK government. It is not considered a priority for the ministers to ratify the convention as its failure to implement or ratify does not in any way affect the uk economy. Presently, it is believed that business is not suffering, so when raised, it is not considered as an issue which needs urgent ratification. In 1989, after many formal consultations on whether the cisg should be ratified, 1,500 documents was issued and only 55 responses ,with 28 in favour for ratification and 17 against and 10 on grounds of neutrality. It will be argued that the outcome of the documents and low responses, given the technical nature of the subject and its relatively uncontroversial nature were as a result of some very large and influential organisations were against the ratification of the convention. Such are companies like ICI, BP, and SHELL .

According to a Sally Moss article from 2006, it supported the idea that there is no parliament time to introduce the CISG, as it is not in any way their priority, even if there are arguments supporting why it would be a good thing to adopt the convention. The Danish company must ensure that the CISG applies, as this allows the ability to do business with clients from all over the world without having to worry about local, internal legal parameters relevant to the business. The Danish company must ensure that the standard and set rules which are applicable to the contract of services or contract for products are applied.

2.

The CISG creates a standard rule which is applicable to a contract for services or a contract for the products , since it allows and provides the elimination of the red tape required to do business, it then helps in the growth of every business irrespective of how many times the business is been transacted between the parties involved. It does not set or create limits to the number of times business can be done but rather supports and empowers the successful continuity of contracts amongst business partnerships.

3.

I will make sure that the CISG legislation rules concerning shipment of goods are respected and abided to, accordingly as stated in article 35 and the sub-sections. I will make sure that shipments are flexible, with some types of products in one shipment, others in another, as stated in the contract agreed upon by both parties. Conditions and terms of the shipments/products will be drafted in the contractual statement, clarifying the standards and rules expected for the shipment in line with the CISG recommendations and legislations.

4.

Payments would be done frequently as requested and required by the Danish company in order to speed up production. A legal binding contract concerning the payments will be drawn, as a breach after payments have been done with cause the Danish company a legal consequences leading to a breach of contract.

5.

Knowing that the UK standards are different to the Danish, i will clearly specify in the contract the expected standard of goods expected in accordance to the CISG standard terms which are the requirements for international sales contracts. This entails the legal scope of the application of the CISG, the validity exceptions in Article 4, consequences for the standard terms in a cisg contract, the general principles, making the terms available, the language issue and the battle of the forms. Finally, i will ensure that the drafted contract is in accordance with the quality standards of the particular product, complying to the stipulated expected standard here in the Uk and the consumers.

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You might want to look into the issues of anti-dumping provisions as well as the prohibition of export subsidies. In particular, it may be important to consider who the WTO provisions in this area are aimed at and whether this affects the efficiency and effectiveness of the provisions.

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ANSWER:

1.     Rules that were breached;

·        Principles of the multilateral trading agreement, was breached as it entails that all member states abide by the following basic principles of the WTO/GATT system:

i.                   Non-discrimination in trade among nations

ii.                Protection through tariffs only

iii.             Maintaining predictability through binding of tariffs

iv. Progressive liberalization of trade through negotiations

v. Promoting fair competition in trade in the world market

vi. Encouraging development and economic reforms among members

·        The trade without discrimination

Most importantly, this principle of non-discrimination in trade is embodied in provisions relating to (i) Most Favoured Nation (MFN) Treatment and (ii) National Treatment. It required that all members are treated equally without any prejudice or any form of discrimination. Hence, no special favours is allowed to be granted to any particular country above the other.

·         The national treatment principle

The states that imported products are to be treated equally in the domestic market than the local products. Etc.

2.     Actions i can take to rectify the situation for my business ;

·        Contact the regulatory bodies WTO / GATT, as the Article IV of GATT

Was breached. PROTECTION AGAINST THRE

AT FOR UNFAIR IMPORTS causing ‘’dumping’’.

·        Consult a compliance experts / legal personal, to seek professional advice.

·        Keep evidence of the total events as they unfolded.

Will contact the Regional Trade Agreements (RTAs), as they regulate to see that all member state are they in conformity with Free Trade Agreements (FTAs).

3. Potential consequences for fictionaria

The regulatory bodies will have to sanction fictionaria for breaching the WTO principles and agreement, and would ask to pay a fine. She might face the consequences of such breach in remedies, dispute settlemrnt. The bodies will decide on the appropriate remedies, payment of damages.

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WEEK 2 ;  ETHICS in International Business :  Task

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WEEK 2 ;  ETHICS in International Business :  Task

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Ethical dilemmas
From large corporations to small businesses, individuals involved in all types of businesses often face ethical issues. A business needs to develop plans for dealing with problems early to help prevent legal issues as the enterprise grows.

Hence, in this situation where my company is facing arising dilemmas as a result of signing a contract with a new client for a long-term contractual relationship with the intent to help increase our profits over the next two years ,

A
(i) i would seek legal counselling as it is obvious i might have wrongly jointly collaborated with an unreliable business partner. I will seek a legal support and look into the ethical consequences and effects of this union on my business presently and in the long run .
(ii) Secondly, there is no guarantee that my services/ products , which was intended for use for the next 24 months will not be used subsequently in their further production processes in china. These implies that the said company / client may not be reliable and may as well breached the contract.

B
The issue concerning treating their manufacturing staffs inhumanely could mean that the employee working conditions have been violated with their health and safety and environmentally unfair. This could be in long time duration of working, health and safety , and hence could lead to consequences in legal action, hereby causing compensation for the workers affected by the unethically working condition .

Decision Making : To prevent  legal actions against my company , i will ensure by safeguarding my company through ;
i. identifying the ethical courses of actions , collecting the facts, evaluating any alternative actions, making a decision, testing the decision for fairness and reflecting on the outcome. It must centre around protecting my business, my employees and customer rights . Must make sure all business operations is fair, and just, protecting the common good, and making sure the individual values and beliefs of workers are protected,.

Compliance and governance issues;
Must make sure my business complies with the environmental laws, federal and state safety regulations, fiscal and monetary reporting statutes and all applicable civil rights laws

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https://eguides.cmslegal.com/pdf/arbitration_volume_I/CMS%20GtA_Vol%20I_ENGLAND%20WALES.pdf

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JNAINT international solutions Ltd was incorporated in the United kingdom on the 26th of June , 2018. It is an I.T consult and services firm that renders services in the area's of I.T services , Information technology , Affiliate marketing, Ecommerce and business services in general . Inspired and created with the intent to render services professionally to people globally via the online medium , and finally channelling over 50% of the residual income into Jnaint foundations , which is a charity organization , under the same company platform which helps to support less privileged children, provides clothing's and educational materials to children in rural area's , create empowerment programmes for single mothers / mothers , support in enlightening the illiterate citizens of a set community and finally providing medical aids to people suffering and living with bi-polar disorders .

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