51. (p. 191) Ralph Richards has been attempting to solve a problem that his company has with a contract default by the Dutch government. He has tried conciliation but the two parties could never find any common ground on which to begin a fruitful negotiation for settlement. Which of the following will most likely be the course of action that both of the two parties will try next?
A. Mediation
B. Informal settlement
C. Arbitration
D. Litigation
E. Coercion
52. (p. 191) In the usual _____ procedure, parties select a disinterested and informed party or parties to sever as a referee to determine the merits of the case and make a judgment that both parties agree to honor.
A. arbitration
B. informal settlement
C. conciliation
D. litigation
E. coercion
53. (p. 193) The first step that most arbitrators try to resolve a dispute between two parties is to attempt:
A. coercion.
B. informal settlement.
C. fault finding or wrong doing.
D. litigation.
E. conciliation.
54. (p. 193) Most arbitration is successful, but success depends on the:
A. amount of the judgment.
B. personalities of the complainants.
C. nationalities of the complainants.
D. willingness of both parties to accept the arbitrator’s rulings.
E. amount of money involved in the dispute.
55. (p. 193) Which of the following is usually placed in the arbitration clause that is becoming standard in many international contracts?
A. The preferred court/legal body of arbitration.
B. The place of the arbitration (city and/or country).
C. The titles of the arbitrators to be involved.
D. The age of the arbitrators to be involved.
E. The nationalities of the arbitrators.
56. (p. 193) Arbitration clauses require agreement on two counts. Which of the following is one of those accounts?
A. The complainants agree on who is right and who is wrong.
B. The complainants agree on litigation issues.
C. The complainants agree to abide by the awards resulting from the arbitration.
D. The complainants agree to not hire legal counsel.
E. The complainants agree to hear the case before the World Court if the arbitration fails.
57. (p. 193) When all else fails in an international commercial dispute, the final step is:
A. conciliation.
B. to encourage one’s government to force the other party to comply.
C. to find fault or wrong doing as a public relations device.
D. litigation.
E. coercion.
58. (p. 194) All of the following are considered to be deterrents to litigation EXCEPT:
A. fear of creating a poor image and damaging public relations.
B. fear of unfair treatment in a foreign court.
C. difficulty in collecting a judgment that may otherwise have been collected in a mutually agreed settlement through arbitration.
D. the relatively low cost and time required when bringing legal action.
E. loss of confidentiality.
59. (p. 194) One authority suggests that settlement of every dispute should follow four steps. Which of the following is considered to be the first step in this process?
A. Conciliate
B. Arbitrate
C. Coerce
D. Try to placate the injured party
E. Litigate
60. (p. 07-5) One counterfeiting problem for international marketers is:
A. the ease with which consumers can tell the difference between real and counterfeit products.
B. the theft of products by pirates during shipping.
C. government regulations legitimizing counterfeiting.
D. collusion between contract manufacturers and illegitimate sellers.
E. the worldwide availability of duplication software.
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