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论文作者:留学生论文论文属性:课程作业 Coursework登出时间:2011-02-21编辑:anterran点击率:4480
论文字数:845论文编号:org201102211256596827语种:英语 English地区:英国价格:免费论文
关键词:PracticePracticalitybusiness overseasacademic issues
Introduction: Practice and Practicality
Topic Preview
This is an introductory topic which will cover the structure of the course and the topics which will be covered in the weeks ahead.
Topic Content
We will begin by listing the topics which will be covered in the following weeks. These are as follows:
1. Risk Management/Commercial Imperatives
2. Commercial Structures
3. Insurance Issues
4. Export Control
5. Performance Bonds/Letters of Credit
6. Local Custom
7. International Human Resources
8. Transport Issues
9. Contract Review
10. Dispute Resolution
This course will look at the practice of doing business overseas and will try to illustrate the practical use of some of the topics covered in other parts of the course. There may be some overlap with other subjects, but where possible we will try to concentrate on practical rather than academic issues.
We are going to look at doing business overseas from one major perspective and that is controlling risk. Whenever a company is considering doing business overseas recognising and controlling risk is probably the most important factor they will take into account in assessing whether they should do business overseas and if they decide to do so, then risk issues will usually dictate the commercial/legal format they will use. Of course, companies do not always have a strategy for going into overseas markets and in many cases they are driven to move into these markets for defensive reasons and do to so quickly to service the requirements of customers.
Let us begin by looking then at legal risk management:
• What is Legal Risk Management
• Recognition of risk
• Relevance to Business
• How the course will address risk
For the purposes of this course, Legal risk management will be given the following definition:
The recognition and control of commercial risk issues by the use of legal knowledge including knowledge and use of the law and the correct use of contractual rights and obligations
Recognising Risks
When advising a client in any situation, it is important to have a checklist which covers the following:
What risks exist or may exist for what the client is planning?
Are they acceptable to the client?
Also consider whether they are acceptable to you from a legal point of view. If they are not you should explain why not to the client and allow him to consider his position.
Can the risks be capped? How might this be done?
Are they insurable?
Are they controllable? Again, how might this be done.
For a business, accepting no risk is rarely helpful! You will rarely be able to eliminate risk, so you will have to strike a balance between accepting some risk and matching this to the commercial benefits. The client has a role to play in this.
It is useful to remember that:
• All business involves risk assessment
• Profit is related to risk
• Risk increases as businesses move outside the comfort zone
• Business will not succeed if risk is ignored
• Successful businesses are able to identify and control the risks which lie outside their comfort zone
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