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The founding principle of contracts is the freedom of the parties. The parties are free to choose their terms and follow any modality of communication, oral or written. As they can freely make a contract, they can freely modify or unmake it. Written contracts have a clause, No Oral Modification Clause (NOM Clause), precluding oral modifications of the contract. Irrespective of it, business persons make oral agreements modifying the contract, and later, dispute its validity. If the parties are free to contract, why should the oral agreement not be binding? In a NOM Clause then, ineffective? The United Kingdom Supreme Court, in MWB Business Exchange Centres Ltd v Rock Advertising Ltd, explores this fundamental question on contract law.

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.

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.

General Management, International Strategic Management, International Marketing and Brand Management.

MBA (General Management), MBA (Marketing), Management and executive development programme.

The Indian Hotels Corporation limited known as the Taj Group was set up by JRD Tata in 1903. The company has undertaken a long journey since then. It is one of the most recognized hotel brands in luxury market segment of the hotel industry. Off late some micro- and macro-level changes in the business environment have not been in favor of the group. The strategy of international expansion in acquiring and refurbishing of assets has mounted the debt and the growing losses. What has compounded the growing troubles is the entry of aggressive multinational brands in the luxury segment of the hospitality industry. The group prioritizes to get its financials in order. It thereafter needs to rework on its competitive strategy and take advantage of the booming domestic hotel industry for profitable future growth.

Expected learning outcomes are as follows: to understand the impact of expansions on the top line and the bottom line on the hospitality industry; to understand the impact of expansion on brand image for the legacy brand; to understand and develop strategies for a company which make it profitable in the hotel industry; and to formulate entry and exit strategies for companies dealing in the hospitality industry.

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: 11: Strategy.

The learning outcomes of this paper is as follows: understand the issues that faced private Egyptian textile producers following the January 2011 revolution and how that impacted their business model. Evaluate whether Dice’s inorganic expansion through acquiring Alex Clothing Company is a sound strategic decision given the economic uncertainty in Egypt. Analyze the acquisition decision through projection evaluation techniques, including net present value (NPV), internal rate of return (IRR) and modified IRR (MIRR), to measure whether the acquisition will add value to Dice. Discuss non-financial issues post-acquisition that are not captured by traditional capital budgeting and project evaluation techniques.

Dice Manufacturing Company, an established and successful textile manufacturing family business, is facing an important investment decision with regard to inorganic expansion through the acquisition of Alex Clothing Company and its subsidiary United Dyers. The case is intended to be discussed in an undergraduate corporate finance class. The case setting is inside Dice Manufacturing Company, where one of the founders, Nagy Toma and his CFO Victor ElMalek are analyzing the acquisition decision in January 2015. The protagonist is Victor ElMalek, who has to recommend a course of action for the company owners. The case allows students to apply capital budgeting and project valuation methods to make a decision on whether the acquisition brings value to Dice and to analyze issues management can face post-acquisition. The case follows through the history of Dice, presenting its business model and changes that accompanied the 2011 revolution. It then moves on to outline the acquisition opportunity and provides data for students to analyze through traditional project valuation techniques, including NPV, IRR and MIRR.

Undergraduate.

CSS 1: Accounting and Finance.

Teaching notes are available for educators only.

The Case takes place at the headquarters of Genesee & Wyoming, Inc. (GWI), one of the leading short line railroads in the United States. The Case revolves around three executives - Mortimer B. Fuller III, Chairman and CEO, Mark Hastings, CFO and Treasurer, and Alan Harris, Senior Vice President and Chief Accounting Office - and the dilemma over whether to pursue international expansion.

GWI has generally pursued a strategy of diversification through acquisition. However, there are other approaches to diversification, including international expansion. With increasing deregulation and privatization of railroads around the world, GWI and its competitors must weigh the risks of internationalization with the rewards. GWI fears that a failure to move quickly might result in missed opportunities as competitors acquire railroads around the world.

An opportunity has recently arisen in Australia, where the government is selling Australian National Railway. GWI believes Australia might be a good initial foray into the international market given the similarities of the country and its railroad industry to the United States and its railroad industry. The Case asks the question, “Should GWI enter the bidding?”

Management science, operational and financial risk of overseas enterprises.

This case is mainly applicable to international business course and project management course.

Since 1992, the Great Mekong sub-regional economic cooperation between China and ASEAN countries was officially launched and set free economic zone. Hydropower is starting to develop in recent years in Cambodia, and it is a good significance to Cambodia's industry. Furthermore, most of hydropower plants in Cambodia are built by Chinese companies. Thus, this paper will analyze the current risk and condition of Kamchay hydropower, as well as the development of Chinese enterprise for Cambodia economic and social development.

This case study provides students concepts on international business, project management, and operational risk of overseas enterprises. The principle of project contracting, labor cooperation, and project financial in international process are considered together with the implications they have for advancing understanding of the problem of the host country's government interests and the various risk of enterprises in international BOT projects.

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

Business contracts are done on General Conditions of Contracts (GCC). The GCCs have detailed terms to displace general principles of contract law and bring certainty in commercial dealings. Bunge SA v Nidera BV, is a judgment of the Supreme Court of the United Kingdom, on damages terms in GCCs. A term on damages may not be a comprehensive code, answering all questions on damages. In this case, the general principles will survive and interact and interface with the contract terms to settle the rights and obligations of the parties.

International business, Accounting and Finance.

Undergraduate and Postgraduate levels (advanced financial accounting, international accounting, other accounting and business courses with an international setting.

The case uses the Asia Pulp & Paper Company’s (APP) entry into the international debt market to highlight the consequences of different business practices between the East (in this case, Indonesia) and the West. On the one hand, it shows that APP was set up as the “front” to access international debt capital; on the other, it reveals the naïvety of Western lenders who parted with their funds without conducting a thorough background research on the financial viability of the company they invested in. The APP debacle is a poignant reminder for market participants and business/accounting students that the divergence of the business settings across countries can make business contractual arrangements tenuous and corporate financial information irrelevant to its users. It also exposes the unique ways of how some Asian countries conduct their business affairs.

The following are the expected learning outcomes: comprehend the impact of differences in culture and ethnic origin on business practices; evaluate the impact of cultural nuances on the legality of contracts in the international business setting; understand the impact of currency fluctuation on the financial position of multinational firms; and be more cautious in conducting business and entering into contracts with foreign firms.

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

CCS 1: Accounting and Finance.

Capital structure theory.

The case is meant for teaching and class discussion, and uses only secondary data based on published sources. The interpretation and perspectives presented are based solely on the secondary data.

This paper aims to help current and future managers understand capital structure theory and the various equity and debt finance options available for raising capital. It also examines the financial analysis and strategic management of black swan events. After the class discussion, students will understand how to financially and strategically manage a company during black swan events and also have a deep dive into capital structure analysis of a large company.

MBA/postgraduate/undergraduate courses on corporate finance or advanced corporate finance. Executive/management development programs and short duration Massive Open Online Courses on investment decision-making and advanced corporate finance. MBA/postgraduate/undergraduate courses on corporate strategy and economic environment and planning.