THE CONFLICT IN COMMERCIAL AND CONTRACTUAL RELATIONSHIPS BETWEEN FOREIGN PARTIES

Abstract

This investigation aims to show how foreign language and legal framework as the primary sources of conflict can impact commercial and contractual relationships between cross-international parties; in addition to analysing how those primary sources of conflict have an enormous negative effect on international commercial relationships during the negotiation stage and the commercial activity. Moreover, this work points to find methods that can create awareness in participants of foreign and commercial relationships to prevent conflicts. Furthermore, find the best approach to avoid and manage foreign language and legal framework agents that create conflicts in these particular relationships. The scope of the research is only the parties connected by a commercial and contractual relationship with the foreign element as characteristic. A survey of thirty questions is used as the method to obtain the data that is analysed by a mixed methodology that looks mainly for qualitative data, and in less proportion for quantitative. The results show that the foreign language has a negative impact during commercial and contractual negotiations triggering issues that could eventually turn into conflicts. Besides, the other element studied, the foreign legal framework does not show be a source of the conflict itself. However, it is the lack of conflict management that does not provide enough assessment of the business project in order to find the adequate approach to disable the risk. In conclusion, conflict management and negotiation as avoiding conflict resources and alternative dispute resolution (ADR) are the appropriate approaches to the sources of conflict studied.