This report examines the importance of Letter of Credit and Dispute Resolution in international business, focusing on the retail industry. It analyzes the current structures, benefits, and impact of these mechanisms on financial and risk viability, providing real-world examples and academic references.
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INTERNATIONAL BUSINESS
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Table of Contents INTRODUCTION..........................................................................................................................4 MAIN BODY...................................................................................................................................4 Letter of credit..................................................................................................................................4 Current structure-.......................................................................................................................4 Example of working of letter of credit in retail industry-...........................................................6 Importance of letter of credit in international business-............................................................6 Impact on financial and risk viability of the business-..............................................................7 Dispute Resolution...........................................................................................................................7 Current structure of Dispute Resolution in International Business.............................................7 Importance of Dispute Resolution for facilitating International Business..................................8 Impact on financial and risk viability of Business......................................................................9 CONCLUSION..............................................................................................................................10 REFERENCES..............................................................................................................................11
INTRODUCTION International business means performing buying and selling of goods and services, or conducting trading in technology, across the boundaries of a nation. It includes performing the business at global level. International business involves the transaction by the business in more than two countries. It also involves the transaction of resources such as skills of labour finance etc. with the objective of producing goods and services at international level(Alavi, 2016). The Report will outline current structure of letter of credit and dispute resolution and importance of these in international business. The Report will also describe the choice of letter of credit and dispute resolution on the viability of the business related with retail industry. MAIN BODY Letter of credit Letter of credit is known by various other names such as documentary credit, letter of undertaking etc. It is a process of making payment for conducting trade with other countries. Letter of credit helps to provide guarantee of payment to the exporter of goods by the bank of importer(Alavi, 2017). Current structure- The structure of letter of credit involves various steps that has to be followed by the business for performing trading of goods at an international level. The steps in letter of credit are as follows- Firstly, exporter and importer that are residing in different countries will enter in a contract for performing business. The exporter of goods will require letter of credit from importer for securing the payment. Now, importer will apply to the bank of country in which they are residing for obtaining letter of credit in the favour of exporter. Bank of importer will analyse the credit risk of importer then, it will issue letter of credit to the advising bank of exporter. After receiving the letter, advising bank will approve it and then it will credit the amount to exporter(Meyer, 2016). Now, exporter will ship the products and develops the documentsthat are required by exporter from importer of the goods. The requirement of types of documents to be
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collected from buyer will depend upon the risk involved in conducting transactions with other company. After collecting the documents from importer, the exporter will provide all the documents to the advising bank. After receiving the documents from exporter, the advising bank will check and verify the documents to determine whether they are as per the decided terms and conditions or not. If, the advising bank is satisfied then it will claim the amount from issuing bank. After claiming the funds from issuing bank, advising bank will sent the documents of importer to importer's bank. Now, issuing bank will verify the documents, if they are correct it will debit the account of importer. Lastly, issuing bank will sent the documents to importer. Figure1: Procedure of letter of credit Source : (Procedure of letter of credit,2017)
Example of working of letter of credit in retail industry- A company that is operating in retail industry of UK is a manufacturer of goods enters into an agreement with a company in China for selling goods. For managing the risk of default, the seller demands letter of credit from importer. Importer will apply to bank for receiving approval of financing of buying transaction. Bank of importer which is located in China will credit the amount of funds only when the exporter show that it has it has shipped the goods. Exporter will provide documents to importer's bank in which all the details were provided. Due to letter of credit both exporter and importer will get various benefits. Importance of letter of credit in international business- Letter of credit plays an important role in supporting the international business of the companies in many ways- Letter of credit is an important tool that facilitates trade at international level. Letter of credit is very helpful for retail industry to perform long distance transactions. It helps the companies to secure their payment from other companies that are located in different countries. Companies that are operating in retail industry that are selling goods to overseas can use documentary type of letter of credit. This will ensure that the sales value will be received from importer(Picciotto, 2017). Letter of credit helps the retail companies that are exporting goods to other companies to protect the business from the risk of non-payment of the goods that are sold by the company to importer. The role of Letter of credit is indispensable because, it helps retail companies to enter in trading of goods at international level. Letter of credit helps in protecting the business of retail companies from different types of risk that are related with delivery of goods to other company. It provides guarantee of the sales amount to the company which is exporting items. Issuing and advising banks that are involved in effective functioning of letter of credit plays an important role in providing protection to both the exporting as well as importing company which result in increase in the confidence level of the companies for future transactions.
Impact on financial and risk viability of the business- The choice of various types of letter of credit can impact the financial viability of retail companies in different ways. Letter of credit can also affect the business of companies that are involved in international trade through various types of risks. Letter of credit provides security of the payment for the goods delivered by the company to importer((Alavi, 2016)). It helps in improving the financial viability of exporter through increase in the ability of exporter to generate revenue from sales by securing the payment from importer. The business of exporter as well as importer both can be affected by the risk that are involved in letter of credit. The business of exporter can be negatively affected by fraud risk involved in letter of credit. The business of importer can be affected by non delivery of items by the exporter, goods received with poor quality and risk of exchange rate etc. Dispute Resolution Retail industry provides wide range of products and services to customers. The industry operatesitsbusinessactivitiesthroughretailstores,internetretailing,conveniencestore, specialitystoreandmanymore.Thescopeofretailindustryiswideup-toglobaland international markets as it is matured and also highly competitive (Sourgens, Duggal and Laird, 2018). The increasing strength in the online shopping also provides development of retail industries in the international markets. But, industry can also face many disputes due to wide range of activities, operations and people involved in it. Every business organisation may face issue of disputes between different employees or different levels of management. Therefore, industryfocusesonimplementingdisputeresolutiontechniquesandprinciples.Dispute resolution is the process through which disputes between different parties can be resolved. Thus, in business practices, dispute resolution effectively seeks for achieving fairness for all the participants, and it may often moderated by the third party. There are different methods for resolving the disputes which includesarbitration, mediation and collaborative law. Current structure of Dispute Resolution in International Business Businesses involved in the international business disputes focuses on reaching an agreement through the dispute resolution process. Retail businesses focuses on resolution of disputes happening between the different nations and parties in the context of international business. Different countries have different legal procedures that provides primary means for the
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resolution of business disputes at international level (COMPREHENSIVE INTERNATIONAL DISPUTE RESOLUTION,2012). There are various types of international dispute resolution procedures which can be used depending on the type of dispute resolution chosen and these are explained as follows in the detail: International Litigation:In this defendant party focus on establishing jurisdiction over the foreign defendant and it can be difficult. This can be difficult and also affects the international service of processes. The international litigation requests for evidence like evidence of foreign bank accounts and presenting the same evidence with a trial before jury or judge. After obtaining the judgement, plaintiff focus on taking steps for enforcing the judgement. International Arbitration:This is a type of alternative methods of dispute resolution in which the dispute parties agrees for arbitrate or operating under the contract which specifies that arbitration is remedy (Hess, 2019). Disputes are then are heard outside the courts and before one or more arbitrators. In this, dispute parties agree for abiding by the decisions of arbitrators. The termarbitrationisgenerallyamoreinformalproceduresthanlitigationprocedure.But, international arbitration is considered as often more faster and more efficient as compared with internation litigation. International Negotiation:In some of the internation business cases, formal arbitration or litigation may not be taken for resolving the international law dispute. Many disputing parties or retail business industries involved in disputes may make use of their dispute resolution skills for conducting informal negotiation. Disputing parties may focus on conducting informal negotiation for effectively resolving the remedy or dispute related with international contract breach. Importance of Dispute Resolution for facilitating International Business The dispute resolution acts as an issue about which business parties do not like for thinking while beginning the business endeavour, however, disputes may still arises. The dispute resolution techniques and mechanism can provide various benefits. The dispute resolution offers simplified and formal even informal forum through which conflicting disputes may negotiate. This leads to present possibility of creative decisions and more flexible decisions. Solid contracts which focus on clearly outlining the obligations and rights of both trading parties helps company to save time and money (Butler, Lein and Salim, 2018).
In international commerce and trade, the arbitration methods is becoming strong and being widely accepted as a means for resolving disputes. Retail industries may gain benefits and advantages by dispute resolution mechanism as it puts emphasis on the conciliation between the disputing parties. Retail industries implementing alternative dispute resolution may gain benefits in following forms: Confidentiality:Companiesinvolvingindisputerelatedwithconfidentialmatter generally have very sensitive corporate information and it can be assured through the Alternative Dispute Resolution mechanism. Confidentiality in Dispute resolution process also focus on minimizing the future claims of similar nature in the discrimination and employment suits. Disputes:The international trade and commerce disputes can be effectively resolved privately without any setting for future precedents. BusinessRelationship:Thealternativedisputeresolutiontechniquefocuseson preserving the employer-employee or trading businesses relationship which might get lost through the acrimony (Menkel-Meadow And et.al., 2018). International disputes:This can be effectively resolved in accordance with the ground rules which disputing parties agree upon in the advance only. The resolution mechanism also focuses on legal and other standards of the fairness and it can be used while crafting agreements. Clarifying issues:The retail industries can get benefit by dispute resolution techniques as it assists for clarifying and also narrowing the issues. The dispute resolution also fosters the climate of openness, collaboration and co-operation even when the settlements is not reached. Impact on financial and risk viability of Business Financial viability is considered as the most essential for every business as making financial viable decisions helps in determining if business is successful or not. The ability for surviving in international markets is ultimately linked with the financial performance and position of the company. Financial viability of retail industry is the ability for generating the sufficient income so that it can meet various payments including operating payments, debt commitments and it also allows growth while maintaining the service levels.
The choices of different mechanism or techniques of dispute resolution can lead to bring great impacts on the financial and risk viability of the business within the retail industry. The choices of the various dispute resolution mechanism can lead to affect the financial and risk viability of business as different mechanism focuses on resolving the disputes through using different techniques (Singer, 2018). The choices of dispute resolution mechanism or international dispute settlement procedures leads to bring impacts on the enhancements of the interstate cooperation. This also helps in mitigating the power differentials between the disputing nations or businesses by effectively providing safeguards and ensuring rule-based decision making. Therefore, choices of dispute resolution leads to bring impacts on the financial and risk viability of retail businesses. CONCLUSION Retailindustryfocusesondevelopingandgrowingitsbusinessactivitiesinthe international and global markets. And the international business gets affected due to many factors and elements which needs to be considered and managed by the organisation. The report has briefly explained the current structure of the letter of credit and dispute resolution in the international business. It further explains about how letter of credit and dispute resolution effectively facilitates the retail industry in international markets. Further explaination is given for the impacts of letter of credit and dispute resolution on the financial and risk viability of business.
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REFERENCES Books and Journal Alavi, H., 2016. Mitigating the risk of fraud in documentary letters of credit.Baltic Journal of European Studies.6(1).pp.139-156. Alavi,H.,2017.RiskManagementTechniquesandtheirApplicationtoDocumentary Discrepancy in Letter of Credit Transaction.European Journal of Economic Studies, (6). pp.4-17. Butler, P., Lein, E. and Salim, R. eds., 2018.Integration and International Dispute Resolution in Small States(Vol. 3). Springer. Hess, B., 2019. The Private-Public Law Divide in International Dispute Resolution. InThe Private-Public Law Divide in International Dispute Resolution. Brill Nijhoff. Menkel-Meadow, C.J. And et.al., 2018.Dispute resolution: beyond the adversarial model. Aspen Publishers. Meyer, K. and Peng, M.W., 2016.International business. Cengage Learning. Picciotto,S.,2017.Rights,responsibilitiesandregulationofinternationalbusiness. InGlobalization and International Investment(pp. 177-198). Routledge Singer, L., 2018.Settling disputes: Conflict resolution in business, families, and the legal system. Routledge. Sourgens, F. G., Duggal, K. and Laird, I. A., 2018.Evidence in International Investment Arbitration. Oxford University Press. Online COMPREHENSIVE INTERNATIONAL DISPUTE RESOLUTION.2012. [Online]. Available through: <https://www.charlescamplaw.com/international-dispute-resolution/> Procedureofletterofcredit.2017.[Online]AvailableThrough: <https://www.ianswer4u.com/2018/03/letter-of-credit-parties-types.html>