Thursday, April 18, 2019
INTERNATIONAL BUSINESS LAW Research Paper Example | Topics and Well Written Essays - 1750 words
INTERNATIONAL BUSINESS LAW - Research Paper ExampleAlongside this outlet is the important consideration of the costs entailed in doing business in the Russian compact. Possible Legal Risks touch on There are several legal issues, some of which pull in ones horns the form of endangerments, involved when entering a foreign market. Legal issues involved laws that affect the conduct of a particular business in a particular place. Laws that will be involved in conducting a business in Russia will be, necessarily, Russian commercial laws, international trade laws and international sales transactions and regulations. The risk, however, in conducting a business in a foreign state can be categorised into the following effectiveness of the judiciary find out of law risk of contract repudiation corruption, and risk of expropriation.1 It is best to conduct business in a country that has a stable governmental condition and is known as business friendly. Although there is cease slightly ri sk, governmental risks of countries vary in degrees. Political risk is defined as risk of loss when investiture in a given country caused by changes in a countrys political structure or policies such as tax laws, tariffs, expropriation of as mickles or restriction in repatriation of assets.2 applicable to this discussion is the case of RosInvestCo UK Ltd v Russian Federation3 where a UK company has brought arbitration proceedings against the Russian Federation for invalid expropriation, which is contrary to the UK-Russian BIT. This case is thoroughly discussed on the UK-Russian BIT paragraph. In weighing the political stability of a country, its history might provide a good indicator of such a risk as countries with a history of stability and consistency are more likely to be less risky than those with opposing history.4 Unfortunately, Russia does not have a history of stability and consistency considering the number of political disarray it had in the past. The Best Form of Cor porate Entity to Take There are, at least, four slipway by which the Ultra-Educators Software Limited may engage in the business of selling chocolates in Russia. unmatched is by selling directly by establishing its own branch or subsidiary two, through and through retailers three, through an intermediary or distributor, and four, through a re bountyative or agent company.5 Each of these methods has its own advantages and disadvantages. In making decisions about this matter, the following must be considered the financial strength of Ultra-Educators its connections extent of its business commitments, and the present state of its personnel, equipment, and status.6 If the Company intends to sell directly, it must set up an entity in Russia that will directly take charge of the business of selling the chocolates that the Company will be exporting to that country. It can either set up a branch or a subsidiary. A branch is a part or division of a company whilst a subsidiary is a separate entity independent from the company. Thus, the liability of a branch is that also of the main company, but not that of the subsidiary because it is deemed separate from the company.7 Moreover, if the branch has taxes owing to it by virtue of the business it is conducting in the foreign state, the main company is liable for such taxes. This is not so in the case of the subsidiary.8
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