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PLAGIARISM •all material that has been identified as originally from a previously published source has been properly attributed by the inclusion of an appropriate reference in the text; •direct quotations are marked as such (using “quotation marks” at the beginning and end of the selected text), and •a citation has been included in the list of references. Assessment Topic 2010 Assessment Topic The assessment topic is as follows: Tartan Power Limited is a gas turbine repair and overhaul company based in Scotland. They have some experience in overseas markets given the nature of the business in which they operate. The company operates mainly in the industrial gas turbine market, but also does some work on aero engines. The company is authorised by Original Equipment Manufacturers for all the work it does. The company already carries out work under sub-contract to an engine shop in Jakarta, Indonesia. They consider there are good opportunities for them in this geographical market. They have already spoken to a local businessman, Mr. Purba, in Jakarta who has recommended that they should set up a local company (“Newco”). Mr Purba has advised Tartan Power Limited and Newco will both require a local attorney (Note: this is not a lawyer, but a local representative who is fully empowered to bind the company on various matters) and has presented Tartan Power Limited with a style Power of Attorney which seems very wide ranging. Mr Purba has advised that he should be nominated as attorney so he can provide them with the greatest assistance. Further, Mr Purba has said he will act as the local director of Newco and will hold shares in that company. He has an office and is willing to sublet part of it to Newco on agreed terms. Mr Purba has also advised that although Tartan Power Limited should set up a local company, it is advisable that they employ a local agent to assist with the bidding投标 and winning of contracts. Conveniently, Mr Purba knows a company who can act as agent. Tartan Power Limited are cautious. They want to go into the market, but they know the problems of Indonesia’s business environment. They are looking for a long term move into the market. They are prepared to consider a joint venture and are willing to set up a repair shop in Indonesia providing they can be assured of control in terms of business, finance, quality and technical capability.#p#分页标题#e# Can you advise them as follows: 1.On the appropriateness of the suggested commercial arrangements; 2.On the impact of the US Foreign Corrupt Practice Act and the proposed new UK Bribery Bill/Act; 3.On the problems the suggested format might create. Can you then advise on what you consider to be the most appropriate market entry method. You should take into account the intentions of Tartan Power Limited, financial control issues, local market conditions, how business will be won and how contracts will be dealt with. Management structure, export control, insurance, ethical business and technical support/technology transfer should all be considered. You should also consider the local legal regime in terms of how the law operates and how disputes can best be dealt with. Additional Guidance You need to consider the following: the form of the commercial relationship, personnel matters, insurance issues, contracting issues to limit risk to AberdeenDoric, local custom in Trinidad and Tobago, transport of equipment and training of local personnel. You must also consider choice of law and dispute resolution clauses. Features of assessments that will attract high marks are clarity, innovation, lateral analysis, a broad research base, clearly reasoned arguments and practicality. Assistance and feedback from the lecturer Colin Watson is available. Further, students should seek out information and advice from disparate persons and sources involved in doing business overseas. You will need to carry out some research into doing business in Indonesia, but guidance will be given in class. Your report should be (at least) 3000 words in length. |
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