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Delhi Jal Board (DJB) is about to launch the first of three pilot Public Private Partnership (PPP) projects to improve water supply in Delhi. The case describes the past history of such projects and the design of new pilot projects, especially the terms of the concession agreements. This provides an opportunity for assessing the PPP Concession agreement in terms of incentivizing performance and simultaneously maintaining flexibility given project uncertainties.

This case describes and analyzes the negotiations surrounding the U.S.–Thailand free trade agreement (FTA) that never materialized. The case offers an excellent opportunity to discuss the complexities of trade negotiations, the welfare analyses of FTAs (with trade diversion and creation), and the growth of FTAs and customs unions (CUs) as opposed to multilateral trade liberalizations.

The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the dispute resolution method. The case highlights the distrust between parties when they do not want to continue doing business together and the use of legal technicalities to delay the matter from settling and utter confusion due to international nature of contract, multiple court proceedings in different countries and even questioning the status of the contract – whether a concluded contract or not.

The case authentically illustrates a common problem encountered within the business scope of an agent who is representing a European food ingredients manufacturer in an emerging market. The case describes the kind of legal set-up and contracts that are necessary to safeguard the long-term prospective of the business for both parties, the agent and overseas supplier. It explains what each party has to observe in case of a termination of the agency agreement.

This is a longitudinal case study of a market entry by a European food ingredients manufacturer through a foreign-owned third agent. The authors studied how sales developed over the first few years and then concentrated the investigation on the fact that after the sales volume was reached, the overseas manufacturer wants to cancel the agency agreement and do the business directly without getting the agent involved.

This case describes and explains a common problem encountered frequently by overseas manufacturers who want to enter an emerging market through a third-party agent representation. The overseas supplier uses the agent’s service and solid reputation to enter an emerging market with limited exposure to costs and risk. The agent works towards guarding the relationship with the overseas supplier for as long as possible. The development of the relationship illustrates what kind of conditions have to be stipulated in advance to provide an acceptable solution to both parties concerned once they part ways.

This research is based on a European food ingredients manufacturer, who was expanding its business in different Asian emerging markets, namely, Vietnam and Cambodia. The agent was a long-time established trading house who acted frequently as agent for overseas companies that wanted to get a foothold in these promising Asian emerging markets.

Teaching Notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

CSS 5: International Business

Management: human resources management.

Undergraduate and postgraduate.

This case gives critical insights in the complex issues surrounding the management of employment relationship in Africa, specifically focusing on Botswana. It is set in the context of explosive industrial relations involving Debswana Diamond Mining Company and the Botswana Mine Workers Union over the contentious issues of pay bonus and collective bargaining. Failure to reach an amicable compromise by both parties' results in a debilitating strike which costs the company millions of funds and affected it's the corporate image contrary to its well crafted social responsibility. More painfully, the end game is a loss of employment and dreams shattered for 461 dismissed workers who depended solely on this work as their only source of income.

At the end of reading the case students are expected to: understand the limits of managerial prerogative and the right to manage; appreciate the inherent conflict of interests between labour and capital; consider more equitable compensation schemes in dealing with collective bargaining; and discuss the concept of social responsibility in the context internal customers-employees.

Teaching note.

The case is supported with a teaching note, discussion questions and suggested responses to those as well as verbatim transcripts from interviews conducted with managers and others for purposes of a research project after the strike had ended. Teaching Notes are available for educators only.

The learning outcomes are as follows: students will be able to critique the approach to collective bargaining of both the company and the union in the case and suggest alternative approaches; identify the steps the company could take to both deal with the aftermath of the strike and develop preventive measures for the future; and advise the company on a series of questions it needs advice on.

A violent strike erupted after failed wage negotiations. It laid bare deep divisions between African and non-African employees and between permanent employees and those appointed as temporary employees only. It also revealed the mindsets of people on both sides of the conflict, as well as several errors made by management in the manner in which they viewed the role of the union and failed to build strong relations with employees on the shop floor.

The case is suitable for students at honours or masters level in conflict studies, dispute resolution, employment relations, human resource management and negotiation.

CSS 6: Human resource management.

The case discusses the legal journey of the Bajaj — TVS patent dispute from the Madras High Court to the Supreme Court and back to the Madras High Court. Almost four years have passed, yet the final verdict is nowhere in sight. The Supreme Court has recommended a period of four months for such cases to be finally decided. In such instances, the warring parties either settle it out of court or adopt other means to do business. The value of patent is undermined if the patentee has to fight so much for its protection.

ONGC vs. Sumitomo – Supreme Court of India, 28 July, 2010 – is an example of a dispute in an international contract, with an arbitration clause, which could have been avoided. Ironically, it took almost two decades to be finally decided. The purpose of this case is to make the readers think about dispute avoidance vis-à-vis dispute resolution. The case presents the most relevant aspects of the judgment in simple language, devoid of legal jargon. A number of questions have been suggested towards the end.

The key teaching objectives of the case are the following:▪ to develop an awareness of a megaproject’s external environment (through PESTLE) in terms of challenges from each source;▪ to introduce theory that allows students to identify, characterise and describe factors that can lead to inter-organisational conflict during construction projects;▪ to develop the ability to apply the typology of causal factors (identified in Objective 2) to a given context, answering why each factor may have contributed to the given contractual dispute;▪ to develop an understanding of the procurement and contract management process wherein contracts are not only the logical outcome of the procurement process but also the primary vehicles for clarifying responsibilities (for task completion) and risk transfer; and▪ to understand specific dynamics of construction projects that make disputes inevitable and ways to overcome these.

Priced at US$1.63bn (in 2015), the Orange Line Metro Train (OLMT) project in Lahore was one of Pakistan’s earliest (and costliest!) transport infrastructure megaprojects ever undertaken. Devised to ease congestion in Lahore, promote ecofriendly, efficient, modern and affordable transport systems and lead to improved mobility across Lahore, the OLMT was a socially, politically and economically important project.The case is seen through the eyes of the protagonist, Uzair Shah, a seasoned public servant and an experienced Transport Engineer. At the time of the decision, Shah was General Manager – Operations at the newly established Punjab Metrobus Authority (PMA – the project sponsor) and was also the project lead of OLMT’s Project Management Unit (PMU). Through Shah’s eyes, students approach the project at a juncture when the most serious contractual dispute in the project’s history has erupted. The parties at the interface were Lahore Development Authority (LDA), PMU’s technical interface with contractors and consultants and Maqbool-Colson Joint Venture (MCJV), one of the two civil work contractors hired for OLMT’s civil works.While quality issues had been emerging with MCJV for a few months, LDA had maintained unilateral communications and remained considerably adversarial in their dealings with MCJV. Eventually, in October 2016, this relationship had soured to such an extent that it appeared irreconcilable. It was only then that LDA had recommended Shah to take the contractor to court for non-performance.The decision that Uzair faced was whether to take LDA’s advice and take the contractor to court (terminate the contract, claim performance guarantee and appoint a new contractor) or negotiate and continue with the current contract. The decision had huge financial, legal, reputational, political and schedule-related implications. The decision needed to be taken by the protagonist in the context of all these factors.

The case was initially developed for use within a Procurement and Contracts Management course for a (business) executive audience. The case is intended for the business school audience or students enrolled in courses related to the construction management discipline.Courses where the case can be used include Construction Project Management, Public Sector Projects, Contracts and Procurement and Strategic Projects and Practice (or similar). The case can also be used within an MBA setting.

Teaching notes are available for educators only.

CSS: 9: Operations and Logistics.