01 f = Negotiation 4 drafting an Intl Comm Contract = 03 Ma
Negotiation for drafting International Commercial Contracts
ZULHERRY
International commercial contract
•
•
•
•
Offers
Acceptance
Performance
Foreign elements:
- foreign corporate/individual
- foreign law
- foreign forum: mediation/arbitration/court
10/13/17
Free template from www.brainybetty.com
2
Function of negotiators
• Communicating the interest – as reflected in
making an offer;
• How to communicate with counterpart to accept an
offer;
• How to succed the execution of performance
defined in contract by two parties;
• Considering the applicability of foreign laws;
• Considering the applicability of foreign forums
10/13/17
3
continued
• Making time frame of contract
- duration of contract: 15 years;
- 5 st : preparation
- 5 nd for performing
- 5 rd for evaluation or transition
• Arranging the right and duties each parties within
preparation, performance, and evaluation or
transition
10/13/17
Free template from www.brainybetty.com
4
continued
• Recognizing the culture of each
parties;
• Finding solution arising from the
different perceptions (mediating the
differences);
• Increasing communication
intensively;
• Reducing handicaps of language;
10/13/17
Free template from www.brainybetty.com
5
Construction (Content) of Contract of
Technology Transfer
•
Intro:
1. Objects of a contract, the title, specifications and contents of the
technology, results of the technology application;
•
Body:
2. Quality of technology, contents and term of warranty;
3. Place, time and schedule of technology transfer;
4. Range and level of secrecy of technology transferred;
5. Price of the transferred technology and the mode of payment;
6. Obligations of parties in protection of technology;
7. Training responsibilities relating to technology transferred;
8. Obligations on mutual cooperation and information;
•
Closing:
9. Conditions for changing or terminating a contract;
10. Liability for the breach of the signed contract and the process of
dispute settlement.
10/13/17
6
ZULHERRY
International commercial contract
•
•
•
•
Offers
Acceptance
Performance
Foreign elements:
- foreign corporate/individual
- foreign law
- foreign forum: mediation/arbitration/court
10/13/17
Free template from www.brainybetty.com
2
Function of negotiators
• Communicating the interest – as reflected in
making an offer;
• How to communicate with counterpart to accept an
offer;
• How to succed the execution of performance
defined in contract by two parties;
• Considering the applicability of foreign laws;
• Considering the applicability of foreign forums
10/13/17
3
continued
• Making time frame of contract
- duration of contract: 15 years;
- 5 st : preparation
- 5 nd for performing
- 5 rd for evaluation or transition
• Arranging the right and duties each parties within
preparation, performance, and evaluation or
transition
10/13/17
Free template from www.brainybetty.com
4
continued
• Recognizing the culture of each
parties;
• Finding solution arising from the
different perceptions (mediating the
differences);
• Increasing communication
intensively;
• Reducing handicaps of language;
10/13/17
Free template from www.brainybetty.com
5
Construction (Content) of Contract of
Technology Transfer
•
Intro:
1. Objects of a contract, the title, specifications and contents of the
technology, results of the technology application;
•
Body:
2. Quality of technology, contents and term of warranty;
3. Place, time and schedule of technology transfer;
4. Range and level of secrecy of technology transferred;
5. Price of the transferred technology and the mode of payment;
6. Obligations of parties in protection of technology;
7. Training responsibilities relating to technology transferred;
8. Obligations on mutual cooperation and information;
•
Closing:
9. Conditions for changing or terminating a contract;
10. Liability for the breach of the signed contract and the process of
dispute settlement.
10/13/17
6