CHALLENGES AND OPPORTUNITIES FOR THE CHINA INTERNATIONAL COMMERCIAL COURT

2019 ◽  
Vol 68 (04) ◽  
pp. 869-902
Author(s):  
Wei Cai ◽  
Andrew Godwin
Keyword(s):  
International Business ◽  
Critical Analysis ◽  
Judicial System ◽  
Global Competition ◽  
Judicial Reform ◽  
Judicial Interpretation ◽  
Global Business ◽  
Business World ◽  
Challenges And Opportunities ◽  
Commercial Courts

AbstractChina has confirmed its ambition to join the global competition for international business dispute resolution services by establishing the China International Commercial Court (CICC). The CICC has now begun operation following a judicial interpretation issued by the Supreme People's Court. By examining the trial process of the CICC as set out by the Supreme People's Court and comparing the rules with other international commercial courts, this article provides a detailed overview and critical analysis of the issues surrounding cases brought to the CICC. Overall, compared with the approaches adopted by other international commercial courts, the approach adopted by the CICC is conservative. Without bold innovations to China's existing judicial system, the competitiveness of the CICC is likely to be limited. This article argues that it is desirable for the Court to be more actively reformed. Such reforms might also promote judicial reform in China generally and increase China's institutional competitiveness in the global business world. This article also aims to outline the challenges that parties (in particular those from overseas) may face in litigation before the CICC and provide the international community with a critical analysis of the operation and framework of the CICC.

Conceptualizing trust with cultural perspective in international business operations

2017 ◽  
Vol 24 (4) ◽  
pp. 1099-1118 ◽  
Author(s):  
Mian Ajmal ◽  
Petri Helo ◽  
Rassel Kassem
Keyword(s):  
International Business ◽  
Business Environment ◽  
Trust Building ◽  
Systematic Research ◽  
Cultural Issues ◽  
Cultural Perspective ◽  
Global Business ◽  
Content Type ◽  
Business Environments ◽  
Building Process

Purpose The growing international landscape of business has underlined the significance of multiculturalism and the novel challenges it brings to business implementation. The purpose of this paper is to draw attention of the readers toward how trust can be conceptualized and how trust-building process is affected in global business environments where more and more projects and businesses come into operation. Design/methodology/approach This research employs intensive literature review to conceptualize trust and develop a model of culture effects for trust building in global business environment. However, this study is presently explanatory in nature because no empirical evidence is provided. Findings Culture is a significant factor in building trust among global project stakeholders for the reason that trust is vital for developing a well-functioning long-term business relationship. The study highlighted that cultural differences among project teams can cause conflict, misunderstanding, and poor project performance. Research limitations/implications Future empirical research should investigate various scenarios, types of projects, cultures, and countries. Cultural issues are pretty sensitive, which have immediate association with trust-building process among international project stakeholders. Diminutive systematic research has been done on the cultural effects for trust building in international business context. The probe of how culture affects trust building efforts in global business environments remains unrequited. Originality/value This study adds value by creating awareness in the research community for undertaking a detailed and comprehensive research on this topic, and because of its originality, it serves as a foundation for future studies.

JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA

2021 ◽  
Vol 11 (5) ◽  
pp. 191-221
Author(s):  
V.M. ZHUIKOV
Keyword(s):  
Russian Federation ◽  
Major Change ◽  
Civil Procedure ◽  
Judicial System ◽  
Judicial Reform ◽  
Federal Law ◽  
Current Trends ◽  
Procedure Code ◽  
The Russian Federation ◽  
Civil Cases

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.

Developing Global Supply Chain Manager for Business Expansion

2018 ◽  
pp. 5327-5334
Author(s):  
Puspita Wulansari ◽  
Yudi Fernando
Keyword(s):  
Supply Chain ◽  
Customer Satisfaction ◽  
International Business ◽  
Cost Efficiency ◽  
Global Supply Chain ◽  
Global Competition ◽  
Supply Chain Performance ◽  
Chain Processes ◽  
Better Than

Global competition has forces companies to continuously innovate by frequently asses and improve their supply chain processes, flexibility and fast delivery as effectiveness required in each supply chain processes. This is to ensure cost efficiency, faster delivery and in the end would lead to customer satisfaction and perform better than competitors. To be able to perform better among competitors and improving firms supply chain performance, firms need the talents who able to manage global resources effectively and understand culture, suppliers/ workers attitude and comply with global regulations. Success implementation of global supply chain has linked with talents capability to maximize manage global resources. The aim of this chapter is to discuss the competency needed of global supply chain managers to support international business expansion.

Judicial Legitimacy in the European Union

2020 ◽  
pp. 125-154
Author(s):  
Jan Komárek
Keyword(s):  
European Union ◽  
Political System ◽  
Dual Role ◽  
Judicial System ◽  
The European Union ◽  
Legal Tradition ◽  
Judicial Interpretation ◽  
Fourth Section ◽  
The Third ◽  
The Eu

The chapter begins with some reflections on the concept of legitimacy, as it is used in the debates on the EU and its judicial system, particularly the ECJ. In the following section, it seeks to present a framework for studying the ECJ’s legitimacy, which does justice to its dual role: to decide particular cases and at the same time to fulfil much wider functions in the EU political system. The third section then focuses on the perennial problem of judicial legitimacy in the Western legal tradition: how to legitimize creative moments of judicial interpretation of law, which are at the same time unavoidable and deeply problematic for what is sometimes called the liberal doctrine of politics. The fourth section looks in some detail at the recent turn to semantic pragmatism and its relationship to the democratic theory and discusses some of its shortcomings.

Can Knowledge Management Assist Firms to Move from Traditional to E-Commerce

2010 ◽  
pp. 102-115
Author(s):  
Irene Samanta
Keyword(s):  
Knowledge Management ◽  
Cost Saving ◽  
New Products ◽  
Scientific Achievement ◽  
Market Place ◽  
Global Business ◽  
Business World ◽  
Know How ◽  
Technological Achievement

This chapter is to define the firm’s innovative core and create frameworks to integrate innovation throughout the management of knowledge by generating implementing ideas, strategies and plans applied that cultivate a thinking organization aims to associate innovation with business targets. It argues that companies which manage and transform the knowledge effectively reap the rewards of scientific and technological achievement in order to adopt innovation concept in their operation. Furthermore, the author hope that firms understanding the information received from the current global business world and transmit it to reap the rewards of scientific achievement will increase their competitiveness competition not only for sales, but also for technical know – how and skills. At the company level depends on the speed with which new products can be brought to the market place and on the importance of achieving new cost – saving improvements.

scholarly journals International Financial Institutions and the Challenges of Global Business Ethics

2016 ◽  
Vol 8 (3) ◽  
pp. 232
Author(s):  
Henry Kerich
Keyword(s):  
Business Ethics ◽  
World Bank ◽  
Social Action ◽  
Ethical Issues ◽  
Business Practices ◽  
Global Business ◽  
Business World ◽  
Moral Principles ◽  
The People ◽  
Global Business Ethics

<p>Business ethics are moral principles and doctrines that determine behavior in the business world. Although the purpose of every business is to earn profits, it also ought to pay a major role in society by ensuring fair practices. Instead of fairness and equality, greed has taken over the present business scenario leading to unethical business practices. World Bank and International Monetary Fund have been criticized for harsh imposition of austerity measures on member borrower countries. IMF programs are connected with adverse social action like reduced investment in public health and education in the recipient countries resulting in ethical violation and lack of corporate social responsibility to the communities served. A number of World Bank financed projects have social and environmental effects for the people in the affected areas resulting in ethical issues criticism. The IMF and World Bank have also been criticized for violation of ethical issues of equity and fair play.</p>

Multinational Enterprises and Home Country Institutional Pressure

2020 ◽  
pp. 105649262097028
Author(s):  
Zheng Joseph Yan ◽  
Jiuhua Cherrie Zhu ◽  
Di Fan ◽  
Paul Kalfadellis
Keyword(s):  
International Business ◽  
Value Creation ◽  
Multinational Enterprises ◽  
Home Country ◽  
Institutional Innovation ◽  
Global Competition ◽  
Business Research ◽  
Policy Regime ◽  
Institutional Pressure ◽  
International Business Research

This qualitative research explores how multinational enterprises (MNEs) respond to institutional pressure at home. Focusing on the case of China, a major source of outward foreign direct investment (OFDI) in the world, we analyze and theorize the meanings of firm actions within a policy regime designed for global competition. We find, in a country where its governments (both national and regional) seek OFDI development through policymaking, that domestic firms will confront these regulative interventions with four types of strategies—institutional compromise, institutional innovation, institutional manipulation, and institutional defiance—as they pursue value creation from internationalization. More importantly, these responses are driven by two key enabling conditions: the flexibility of the institutional arrangements and the actor’s position in the field. Our findings provide valuable insights for international business research surrounding the theme of home country institutional pressure and MNE agency.

Enhancing Students' Understanding of the Business World

1999 ◽  
Vol 13 (4) ◽  
pp. 267-276 ◽  
Author(s):  
David Laughton ◽  
Roger Ottewill
Keyword(s):  
International Business ◽  
Real World ◽  
Point Of View ◽  
Key Factors ◽  
Business World ◽  
The Real ◽  
Learning And Teaching ◽  
Pedagogic Tool ◽  
Potential Benefits ◽  
Key Features

As part of their attempt to embed their teaching more firmly in the ‘real world’ of business, some university tutors have incorporated ‘commissioned’ or ‘live’ projects into their learning and teaching strategies. These projects enable students to make a direct contribution to their business clients while simultaneously fulfilling key educational objectives. Drawing on their experience of the use of commissioned projects on an MSc in International Business (MSclB) course, the authors analyse in detail both the potential benefits and the problems that arise in implementing such schemes. In this paper, they outline some of the key features of the MSclB course, focusing on the commissioned project component; indicate the reasons for using commissioned projects from the point of view of both tutors and students; describe and evaluate the methodology used to generate data for informing the identification and discussion of issues; and explore a number of key factors for tutors and students in the use of commissioned projects. The paper thus raises awareness of the nature of commissioned projects as a pedagogic tool and of what needs to be done if their contribution to the enhancement of students' understanding of the business world is to be maximized.

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