International Business Transactions and the Law (79603)
Autumn 2018. You must answer both questions. Each question is of equal weighting. Approx. 1,250 words (max) should be sufficient to answer each question.
The questions require you to advise hypothetical clients regarding their rights and/or liabilities in the scenarios outlined, with reference to relevant rules/laws and case law.
It is recommended that students use some headings and sub-headings, because that usually assists in providing a clear and easy-to-follow structure. Students may use footnotes if they wish; if so, consistency is the key — the AGLC is recommended. A bibliography may also be provided (recommended).
Where relevant, your answers should clearly state any assumptions you are making, and/or any additional information that would change the advice provided to your hypothetical clients
For the questions below, assume that Kamaria is a member of the World Trade Organisation (WTO) and has ratified all relevant WTO agreements.
Furthermore, please assume that Kamaria has also ratified the following:
the Amended Hague-Visby Rules;
The Vienna Convention on Contracts for the International Sale of Goods (CISG)
the UNCITRAL Model Law on International Commercial Arbitration; and
the UN Conference on International Commercial Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards;
Student answers to this exam must be submitted by Monday 25 June 2018 (c.o.b.: 5pm) electronically via UTSOnline. There is no requirement to submit paper copies of your answers.
Kamaria Garden Supplies Inc (KGS) is a company based in Kamaria which is a leading retailer of garden supplies. KGS has been in email communications with the Australian company Brisbane Garden Gnomes Pty Ltd (BGG) to negotiate a contract for a large consignment of fluorescent garden gnomes.
After exchanging several emails BGG agrees to deliver to KGS a consignment of 500 fluorescent garden gnomes, CIF Port Smith in Kamaria. This will be one of the largest single consignments that BGG has delivered so far. As BGG and KGS are looking to develop a long term business relationship, they agree that any disputes will be resolved by a panel of three arbitrators at the Singapore International Arbitration Centre.
BGG packs and sends the consignment of 500 fluorescent garden gnomes to KGS. However when the fluorescent garden gnomes arrive in Port Smith, KGS finds that a large number of the garden gnomes have been smashed and cracked during the voyage. Also, when the shipping documentation for the consignment arrives at its office, KGS notices there are no indications of an insurance policy for the consignment. The General Manager of KGS is very annoyed with this situation as several of his customers have placed orders for the fluorescent garden gnomes. He emails BGG and demands that they send another consignment of 500 fluorescent garden immediately. However the manager of BGG demands full payment for the first consignment from KGS.
After several further emails, BGG and KGS agree to have their dispute resolved by a panel of three arbitrators at the Singapore International Arbitration Centre. After considering the submissions from both parties (including the email correspondence), the arbitral panel finds in favour of KGS and orders BGG to deliver a replacement consignment to KGS, and to compensate KGS for the costs it has incurred in relation to the arbitration.
The manager of BGG is not happy with the arbitral panel’s determination; therefore, he seeks your advice on the correctness of the panel’s decision, and is also interested in whether this arbitral award may be enforced through the Australian courts.
Over recent years, Kamaria has significantly expanded its car manufacturing industry, which has flourished due to Kamaria’s very low labour costs and the generous government grants and tax exceptions which the Kamarian government provides to exporters.
Kamaria has progressively increased the numbers of cars that it is exporting to overseas markets, including Australia. By contrast, due to increasing production costs, Australia’s car market has been struggling. It has been estimated that Kamarian-made cars sell for around half the price of Australian-made cars.
The Australian Car Manufacturing Council, which is the peak body for Australian car manufacturers, is very concerned at Kamaria’s practices – which it sees as undermining the “level playing field” in car manufacturing. The Council fears Kamaria’s practices could make Australian car manufacturing plants unviable and ultimately lead to the collapse of Australia’s car manufacturing industry. After consulting with their members, the Council decides to request the Australian federal government to take urgent action to address the current situation.
The Australian Car Manufacturing Council seeks your advice about the possible measures it could request the Australian federal government to take in this scenario.
Utilizing the same traded on an open market organization you utilized as a part of the Environmental Scanning (I utilized Apple) task, and this downloadable Operating Budget Template, yp investigate the organization online by getting to the Mergent University Library online database which offers organization financials, depictions, history, property, backups, officers and executives. Likewise, get to the Business Insights: Global University Library online database which offers data on worldwide organizations, and ventures. It incorporates SWOT reports, piece of the overall industry information, monetary reports, contextual analyses, business news, and friends correlation graphs. (View the Mergent tipsheet and Business Insights tipsheet records for proposed strategies for seeking University Library databases by and large and additionally particular guidance for looking through these two databases). You can simply direct research utilizing believable online wellsprings of corporate monetary data, simply make sure that wherever you acquire budgetary data that you refer to your source. For this Assignment, you will take a gander at the money related articulations for the organization you chose and, utilizing the past quarter's budgetary information, decipher the information and propose a financial plan for the following Quarter in view of your present and past examination of organization execution. Finish the spending layout utilizing this Operating Budget Template. • List your present deals, rebates and recompenses, net deals, edges, working expenses, and gaining when charges. • Choose at least two money related proportions (underneath) and incorporate into your examination. • Prepare the following quarter's financial plan in light of your elucidation of past information. Incorporate no less than two of the accompanying sorts of pertinent money related proportions in your examination. Survey the online article Analyze Investments Quickly With Ratios (Links to an outside site.)Links to an outer webpage. (Elmerraji, 2017) and Chapter 5 in the Abraham's reading material to help with this bit of the financial plan: Productivity Ratio • Liquidity Ratio • Solvency Ratio • Valuation Ratio • Leverage Ratio Beginning Post: In your underlying post, give a concise portrayal of your organization and give an outline of your Operating Budget alongside a method of reasoning that backings recommended budgetary changes. Join your Operating Budget Template to your underlying reaction for audit . Discussion5: Corporate Social Responsibility In your own particular words, clarify what CSR is. Name two cases of socially capable organizations you know and clarify why you think about them so. It is essential for organizations to fuse social obligation into their key designs. Give a concise synopsis of the organization you picked in Week 1. What parts of corporate social obligation would you suggest they consolidate into its key arrangement? Bolster your method of reasoning from your examination. Discussion6: International Strategies Preceding starting this dialog, audit Chapter 11 in the Abraham's reading material on Diversified, Global, and Other Types of Organizations and tune in to this sound piece covering International Strategies. At the point when organizations venture into the global field, they do as such either in light of the fact that their home market has developed or in light of the fact that they see genuine open doors in the remote market. Expanding the quantity of vital specialty units requires a more mind boggling business methodology. Once in a while the street to achievement in an outside market can be a rough one. For bits of knowledge into a portion of the more outrageous social difficulties acted when entering outside business sectors like experienced by one of the United States' biggest cheap food chains, read How McDonald's vanquished India (Links to an outer site.)Links to an outer site. (Kannan, 2014) and McDonald's Settles Beef Over Fries (Links to an outside site.)Links to an outer site. (Effortlessness, 2002). For this talk, decide if the organization works in the global commercial center. Assuming this is the case, investigate the organization's worldwide procedure and assess it as far as viability with respect to one of the issues beneath. On the off chance that your organization isn't included globally, at that point pick one that is and assess that organization's worldwide technique as far as adequacy concerning one of the accompanying issues: • Cultural Barriers • Monetary Exchange Rates • Political Instability At that point, • Assess how your picked issue possibly influences the key contemplations of your association engaged with a worldwide monetary condition. • Propose dialect to add to the association's key arrangement that delivers the potential effects to the association's worldwide system. Discussion2: Porter's Five Force Now and again, people have been known to state," What might they have the capacity to do to empower some individual they to understand that is being mistreated?" There are an extensive variety of courses of action that people can do to help those in require that are locked in with a forceful conduct at home relationship. >GET ANSWER