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The Global Marketplace - Are You In It?

Filed in archive Global Marketplace , Risk Management by betsy on January 30, 2006

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Are you thinking of doing business in the global marketplace? More and more small businesses are finding that in order to grow, they need to reach out to markets, vendors and partners around the world. I recently did some contract review work for a growing e-commercelinks business whose owner wants to outsource some of the company's back-office functions. For a lot of businesses, it makes sense to "think globally."

If you are thinking about entering the global marketplace there are some excellent resources available online to help get you started.

1. The U.S. Department of Commerce has a website with many resources for practical global trade advice.

2. The University of Minnesota's Kommerstad Center for Business Law and Entrepreneurship has a comprehensive list of online resources for start-ups and emerging businesses. There are also links to international trade resources. From their home page, you can also link to the Center's Journal. In the "Current Issue" (which is actually from Fall 2004) there are two free articles, both quite helpful for business owners. (Downloadable in pdf format.) One is "What Entrepreneurs and Their Lawyers Should Know About Each Other."

The other is "A Survival Guide for Small Businesses: Avoiding the Pitfalls in International Dispute Resolution." The author, Susan Franck, explains how international arbitration, rather than litigation, is the best way to resolve disagreements between businesses in the international marketplace. Using a straightforward, easy to read style, Franck explains why international commercial arbitration is superior to traditional court litigation when it comes to global trade:

* Neutral forum. Arbitration provides a neutral forum for dispute resolution.
* Autonomy and Flexibility. Arbitration gives small businesses both of these.
* Confidentiality and No Publicity. Especially important for sensitive intellectual property issues.
* Enforceability. Arbitration awards are easier to enforce, saving both time and money.

3. Inc.com has several articles on the specific subject of global outsourcing, such as this one entitled "The Hard Questions About Outsourcing."

Entering the global marketplace can be an intimidating prospect for some of us. Give yourself some reassurance by reading up on the issues in the resources mentioned above. Then, when you are ready to jump in, consider the types of disputes that might arise when working with a foreign company. Take a good look at your prospective contracts, and talk to your lawyer about whether it makes sense to build an arbitration provision into the contract, such as one provided by the International Chamber of Commerce. International arbitration provisions can go a long way towards reducing some of the risk of doing business in the global marketplace.

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