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Negotiating and drafting an international business agreement

Practical case

We divide the class in 2 groups. The students choose the groups in good intelligence. The groups must be balanced (number, gender diversity…). In case of problem, I will choose the groups.

Each group will invent an international contractual relationship between 2 parties at least, 4 parties at most.

Define this international contractual relationship (who are the parties, what is the purpose of the agreement, why is it international…).

Each group will be divided in subgroups: a subgroup for each contractual party. The students choose the subgroups in good intelligence. The subgroups must be balanced.

The subgroups will negotiate an international agreement.

  • Each group sends me a first e-mail explaining the contractual relationship and presenting the parties (= the subgroups).
  • Then, each step of the negotiation shall be precisely documented by e-mail. Real e-mails. I shall be copied.
  • The parties (= the subgroups) meet: a party (= a subgroup) contacts another party, introduces itself, explains how it knew the other party, what it is looking for…).
  • The other party replies / the other parties reply (Are they interested? Are they able to answer the needs?).
  • The parties find an agreement in principle (products and/or services, quality, delays, price, shipment, main terms…).
  • The parties agree who will propose a project of contract.
  • The party in charge sends a project of contract.
  • The other party replies / the other parties reply by e-mail. Their proposed amendments shall be clearly identified in the contract (track changes) and summarised in the e-mail. In addition, the parties may insert comments in the contract.
  • Several exchanges may occur (reasonably) until either an agreement is found or the deal fails.
  • In class, each group will summarise the negotiation and provide its feedback. Then, if the parties found an agreement, the group will negotiate orally an ultimate unexpected issue (invented by me) before signing. Or, if the deal failed, the parties will try a last negotiation (orally).

INTERNATIONAL BUSINESS LAW: COURSE PROGRAM

PART 1 – LEGAL AND INSTITUTIONAL FRAMEWORK OF INTERNATIONAL TRADE

PART 2 – INTERNATIONAL COMMERCIAL AGREEMENT

PRACTICAL CASE: negotiating and drafting an international business agreement


Par Franck BEAUDOIN, Avocat

Avocat, président et fondateur de la société d’avocats FB JURIS, directeur de la publication des sites juridiques droit.co et idroit.co.

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