International Contract Negotiation

Contract negotiation is the life-blood of commerce and in today’s global business environment it is essential for business managers and company professionals to be able to fully understand the fundamental principals of international contract law when developing the skills to negotiate deals and agreements in the international business environment.

This seminar focuses on the development of international business negotiation skills by providing a fundamental understanding of the key aspects of international contract law and the distinctive features of international business negotiation.

Objective

• To provide an understanding of the key principles of international contract law.
• To identify the distinctive features of international business negotiations.
• To practically apply this knowledge to develop and improve skills and confidence when negotiating agreements in an international business environment.
• How to understand and recognise the key features of an international contract
• How to plan effectively for international business negotiations
• How to structure international business negotiations
• How to add value and negotiate win: win outcomes in an international environment
• How to recognise and adapt to cross cultural issues
• How to resolve disputes when the contractual relationship breaks down

Course Outline

Day 1

• Introduction – How International Contracting Differs from Domestic Contracting
• Understanding different Legal Systems
• Public Law, Private Law and the Constitution
• The Families of Law – Civil Law & Common Law
• What Law applies to an International Contract?
• The Contract and the Law
• The Applicable Law

Day 2

• Getting it all started – the Letter of Intent
• When is an agreement a Contract? The Five Tests
• What belongs in a Contract
• The parties to a Contract
• The Main Provisions of a Contract
• Coming into Force
• Definitions
• The Exchange: Scope and Price
• The Exchange – Delivery & Payment Clauses
• Settlements of Disputes
• The Warranty
• Letter of Credit
• Contract drafting – tips and principals

Day 3

• An introduction to Contract Negotiation – ‘New Car Contract’ Exercise
• Principles of effective Contract Negotiation – The Six Myths of Negotiation
• Effective contract negotiation
• Preparing for negotiation
• Contract “qualification phrases”
• Developing strategies
• Roles in negotiations
• Improving your communication skills
• Mapping routes to agreement

Day 4

• The five distinctive features of International Contract Negotiation
• Applicable Law and Multi Jurisdictional Issues
• Currency Issues
• Governmental Involvement
• Political Risk
• Cultural & Ideological differences

Day 5

• Settling Disagreements – Dispute Resolution
• Contractual “accidents” – default – Force Majeure
• Re-negotiation – contract adaptation
• Mediation – conciliation – “mini-trial”
• Litigation in ordinary courts
• Arbitration
• International Business Deals
• Round up and Discussion Session
• onal business environment.
• How to understand and recognise the key features of an international contract
• How to plan effectively for international business negotiations
• How to structure international business negotiations
• How to add value and negotiate win: win outcomes in an international environment
• How to recognise and adapt to cross cultural issues
• How to resolve disputes when the contractual relationship breaks down