MBA 517 - Strategic Planning and Policy: Resolving Court Dispute

This case study provides a strategic approach to settling an international court case dispute between a Fortune 100 company in the U.S. and a company in a third-world country. The International Court ruled in favor of the U.S. company; however, subsequent contracts were put on hold by the third-world government. The proposed strategy involves negotiating with government officials to find a resolution that preserves the U.S. company's image while allowing the third-world country to save face. Recommendations include providing technology and training rather than monetary compensation, offering technology training to the military academy, and establishing relationships with government officials by appointing some to the U.S. company. The study emphasizes negotiation, conciliation, and adherence to rules while engaging with foreign officials to achieve a balanced settlement.

Running head: STRATEGIC PLANNING AND POLICY
Strategic planning and Policy
Name of the Student:
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Table of Contents
Introduction:...............................................................................................................................2
Discussion:.................................................................................................................................2
Recommendation:......................................................................................................................4
Conclusion..................................................................................................................................6
Reference....................................................................................................................................7

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Introduction:
In the modern era of our world, most developed countries take a high ground when it
comes to international dispute matters because they have the economic and political strength
as compared to other underdeveloped and developing countries. Third world countries always
face a disadvantage when they are up against developed countries. The government is strong,
economy is huge and most importantly the legal system that shape the way countries treat
other countries. In case of disputes, between a developed country and a third world country,
the latter gets the lower ground (Bryson 2018). But if we look at what is justified, we can
consider that a third world should get the higher ground as they lack the power to fight for
such dispute in the international court. The International Court of Justice, as the essential
legal organ of the United Nations, is the main genuinely general legal body. It is available to
all States of the worldwide network. It appreciates a complete topic locale grasping all parts
of open global law, yet its compelling purview stays consensual and obliged. The ICJ is
frequently thought of as the essential means for the goals of debate among States, and in truth
the Court is very much perceived for its critical commitment to the improvement of universal
law. Be that as it may, the Court has not worked at full limit. Just four or five cases are
alluded to the Court for legal settlement consistently (Tikhomirov and Frenkel 2017).
Discussion:
From the given facts, it can be perceived that, the US Company was given a
judgement in their favour by the international court that disrupted the company of third world
country. As discussed earlier, that, third world countries usually stand at low ground and
suffers for any decision that is given against them and this causes grave injustice towards the
company of third world country. In the present case, the third world country company was
supposed to pay $ 1 billion, this is considered as a huge blow for the poor company thus the
payment of such amount was put on hold and the US Company for their wrongdoings should

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pay $150 million to the poor company (Lanicci et al. 2017). Now, for a developed country it
is nothing if they want to pay this amount for settling a dispute and most importantly. As the
facts suggest, the rich company (US company) can choose to pay the amount not in monetary
terms rather give the poor company (third world country’s company) some technological
things that will help the poor company and give an edge of development (Dredge and Jamal
2015). For example, a poor company in a third world country does not usually have advance
technology as compared to a country like USA, so, if they get some technology related to
business or IT rather than monetary compensation it will prove to be a boon as they won’t be
able to develop such technology even with such monetary compensation.
Now, lets come to the underlying issue of how this dispute can be settled. In the facts
itself, there are some ways given using which such a dispute can be settled. There are some
considerations that might help in finding the solution and settle the dispute in such a way that
neither of the company is harmed at most, means, the object is to provide a settlement that
will balance out the liability between two parties, in other words, neither of them gets the
high ground (Malekpour et al. 2015). Most of the courts wants parties to settle the disputes
using alternate dispute resolving methods and mutually so that courts have minimal
interference in settling the dispute. Dispute settlement between companies should not be
interfered by the courts unless the parties themselves choose to do so because, it will waste
the court’s valuable time which can be utilised in solving other civil or criminal matters.
Companies are about money and marketing which implies that monetary terms are the best
supportive way to settle disputes mutually that will have reduced cost because it won’t
include litigation cost and sometimes its seen that courts order costs more than what it would
have been if mutual settle was done outside court. As given under art 33 of United Nation
charter, there are some prescribed ways of settling disputes: Negotiation, mediation,
conciliation, arbitration, enquiry and lastly judicial settlement (Wolf and Floyd 2017).

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In case of a dispute between two companies of different nations, it is obvious that
legal system come into play but it has to be considered that the political scenario of those
countries has grave effect on the outcome of the dispute. The most important job of
International court in such dispute is the issue of political versus legal question (Sýkora
2017). A few perspectives refinement among legal and political question, all relies upon the
desire of the state’s gatherings to a debate. On the off chance that states gatherings to a debate
show an ability to submit it to a pre-comprised universal court and a status to maintain the
choice of the picked discussion, the question being referred to is, ipso facto, appropriate for
legal settlement, regardless of whether portrayed by some as "political" or by others as
"legal". It is additionally an axiom that each debate without a doubt includes, or might be
broke down as far as some legal issues. Barely any legal settlements are, actually, without
political results (Dhillon et al. 2018).
In reality, courts have nothing to do with political influences and not in their
jurisdiction. The international court might settle the dispute if parties approach but it still has
some problem and has to evolve itself in becoming an effective institution of settling dispute.
In the present scenario, where the dispute has to be settled mutually with the government
officials of the third world country, alternative method has to be considered. As seems fit,
negotiation and conciliation will be best two methods so that a balanced settlement is
achieved.
Recommendation:
US government is rich and is keen in developing good relationship with other countries
with whom it has trade contracts. US is such a country which knows how to do effective
business because of the presence of able people and of course their huge growing economy
and wealth. Now, the considerations that are decided in the facts are:

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 Paying the amount of $150 million to the company of third world country
 Provide the poor company some technology rather the monetary compensation
 Provide technology training to their military academy students
 Form a relationship with the officials and appoint some of them in US company
From discussion part of this report, we can understand that, the company from the third
world country had the low ground and the object of the settlement is not to give the higher
ground to either of the companies in question. Paying them, the amount of $150 million will
of course be a boon for the poor company but a technology that they might not be able to
develop will give them a better position (Malekpour et al. 2017). Another way to settle is to
provide the military academy some training about technology as US has very high technical
military and they can effectively train military of other nations, here a third world country
who usually has very low budget military count. And lastly, after forming good relationship
with the government officials of the third world country, it will be better if some of them gets
appointed in the US company as that will significantly help the US company have some
compensation towards them too because after all the object is to balance out the settlement
(Oliveira 2015).
There are some rules that has to followed while engaging with foreign officials:
 The first rule is application has to be signed either by the specialist of the party
submitting it, or by the conciliatory agent of that gathering in the nation in which the
Court has its seat, or by some other properly approved individual. In the event that the
application bears the mark of somebody other than such political agent, the mark must
be validated by the last mentioned or by the equipped expert of the candidate's outside
service (Gavriilidis and Metaxas 2017).

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 The Registrar shall forthwith transmit to the respondent a certified copy of the
application
 At the point when the candidate State proposes to establish the purview of the Court
upon an agreement thereto yet to be given or showed by the State against which such
application is made, the application will be transmitted to that State. It will not
anyway be entered in the General List, nor any move be made in the procedures,
except if and until the State against which such application is made agrees to the
Court's locale for the motivations behind the case (Kemp 2018).
Conclusion
Thus, to conclude it can be suggested that, US Company should provide the company
of third world country with some technology and training so that it covers the monetary
compensation. That the poor company does not feel that injustice has been done to them by
the International court of justice and appoint some officials to the US Company that will be
good for both the companies. In addition, this can only be done if the official of US Company
negotiates it properly.

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Reference
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