Principles of business negotiation. Law-abiding principle Business negotiation is a legal act, and it must abide by the relevant laws and policies of the state. Foreign-related negotiations should also abide by international law and respect the relevant laws, regulations and practices of the other country.
China's laws and policies are codes of conduct that embody the will of all the people, which are stipulated by the National People's Congress and the national opportunity and enforced by the state. In business negotiations, legitimacy comes first. That kind of thinking? As long as you have strategic skills, you can change your judgment smoothly and be invincible? This idea is obviously one-sided. In the negotiation, we should consider not only the interests of both sides, but also the overall interests of the country. Otherwise, even if an agreement is reached, legal disputes will eventually arise because of illegality, and the final negotiation efforts will be in vain. For example:
65438-0984 Tianjin Pharmaceutical Industry Company decided to establish a joint venture with S Company, the eighth largest pharmaceutical company in the United States, in order to absorb the advanced international pharmaceutical production technology and enter the international market. During the negotiation, Company S drafted a contract and submitted it to the Chinese side for review. China's legal adviser found that 29 contracts violated China's Law on Sino-foreign Joint Ventures and other relevant laws. For example, Article 4 of the Joint Venture Law stipulates that a joint venture is a limited liability company. A limited liability company cannot issue shares, but the contract of company S requires the issuance and free transfer of shares. If these shares are transferred to the governments of some countries that China does not recognize, it will become cooperation between China and other countries, and the consequences will seriously damage China's diplomatic stance. We have not relaxed the legal control because of the interests of the joint venture in Tianjin Pharmaceutical Industry Company. We held protracted negotiations with the representatives of S company in a serious and well-founded manner, which finally made S company modify it and finally reached a joint venture agreement with a total amount of 5 million US dollars, ensuring the realization of the interests of the country and enterprises.
International business activities are both an economic act and a legal act. The negotiation, conclusion and performance of international economic contracts must conform to relevant legal norms in order to be recognized and protected by law. The legal norms mentioned here include not only the laws of relevant countries, but also relevant international treaties and conventions, as well as relevant international trade practices. Here are a few supplementary questions:
First, the legal interests of the contract.
Once a contract is concluded according to law, it has the same effect as the law. However, the laws of various countries generally do not stipulate what an economic contract should contain, and many countries advocate compliance. Freedom of contract? This principle is freely agreed by both parties. But the contract is invalid if it violates the mandatory funds or restrictions of the law.
On the other hand, as long as it does not violate the mandatory funds or restrictions of the law, and the contract content is different from the general provisions of the law, the contract and content shall prevail. If some important contents are omitted in the contract, the performance of the contract shall be handled in accordance with relevant laws.
Therefore, in actual business, when signing a business contract, we must be cautious and try our best to improve the contract content.
Second, the differences between legal provisions and international treaties.
In international business activities, at least two parties from different countries are involved, and the relevant laws and regulations in different countries are often different, that is, the provisions on the same event are often different. Because of this difference, the same litigation case often leads to different legal rulings, which raises a question, that is, which country's law should be applied as the standard for resolving disputes. This issue is generally called law application or conflict of laws.
In order to solve the obstacles in the application of laws, international efforts have been made to unify international economic and trade laws, and many international treaties and conventions have been concluded between countries.
At present, countries adopt different principles to solve the problem of law application in international business activities. There are mainly personal law, location law of subject matter, contract law, performance law and court law. ? China, like many countries, adopts the practice that the parties themselves choose which country's law is applicable in the contract, that is, the principle of party autonomy. This has become a relatively common principle to solve legal conflicts.
However, on some specific issues, China's foreign economic contract law still has some supplementary restrictions. (P 17)
Third, the validity of international trade practices.
In international business activities, it is often necessary to quote the provisions of international trade practices.
All international trade practices are some common practices or precedents gradually formed in the long-term international economic and trade business practice, which are characterized by:
1. It is formed by long-term repeated practice. At first, it must be fair to certain regions or industries. Later, with the continuous development of international economic and trade business, the influence of habitual defecation has also been expanding, and some even spread all over the world.
2. It has clear content and is recognized by many countries and regions. In the practice of international trade, some transactions are not concluded, while others are cultivated and formulated by some international organizations or industrial and commercial groups. Rules? Documents like this.
In international business activities, the adoption of international practices has two main functions:
First, gradually unifying some practices in international business activities is conducive to facilitating international business activities, reducing or avoiding disputes, and making it easier to handle disputes.
Second, it can supplement the deficiency of contract and law. If some matters are not clearly stipulated in the contract and the law, they can be handled with reference to the provisions of international practice. The third paragraph of Article 5 of China's Foreign Economic Contract Law clearly stipulates:
Where there are no provisions in the laws of People's Republic of China (PRC), international practices can be applied.
However, it should be pointed out that international trade practices are not laws themselves, nor are they international treaties or conventions, and they have no mandatory effect. One party cannot force the other party to adopt a certain agreement, and the agreement cannot automatically apply to a certain transaction. International trade practices are legally binding only in the following two cases:
One is that both parties voluntarily adopt some kind of agreement.
Second, the governments of the countries concerned have announced the use of certain practices.
Third, the court or arbitration tribunal thinks it necessary to adopt some kind of agreement when hearing the case.
Fourth, the relationship between contract, law and international trade practices.
1, if there are clear provisions in the legally established contract, the provisions of the contract shall be followed. This means that the contract is the most effective and embodies the principle of freedom of contract.
2. Matters not expressly agreed in the contract shall be handled in accordance with the provisions of relevant laws or international conventions and treaties, that is to say, legal provisions have played a role in supplementing the lack of contractual provisions.
3. Matters not clearly stipulated in the contract and laws shall be handled in accordance with the relevant provisions of international trade practices. This means that international trade practices also play a complementary role.
Principles of business negotiation II. The principle of good faith is the attitude of negotiators.
As mentioned above, in business negotiations, the relationship between the two sides has both a competitive side and a cooperative side. But fundamentally speaking, the two sides came together for cooperation and negotiation. Market economy is not only a rule economy, but also a credit economy.
Therefore, in the negotiation process, both sides should have the sincerity of cooperation, attach great importance to the credit issue, treat each other sincerely, trust each other, keep their promises, establish a relationship of mutual trust, and lay the foundation for long-term cooperation after signing the contract. You know, any insincere cooperation will break down. For example:
Writer Dunde Chen wrote "? In 1972, Nixon described Zhou's sincere attitude in the negotiations, realized psychological communication with American friends, and created good conditions for future peace negotiations.
At present, China is in the primary stage of market economy, and the construction of honesty is very important. According to statistics of drama 200 1, the cost of dishonesty in China is as high as 533.5 billion yuan.
Principles of business negotiation III. The principle of equality and mutual benefit is about how to correctly handle the contradiction between the economic interests of both sides. Specifically, it is divided into two principles:
1, negotiate on an equal footing. The two sides in the negotiation are in the same social status and enjoy the same rights, and they should communicate fairly during the negotiation. In foreign trade, this is a basic principle of China's foreign economic relations.
Negotiation is a communication behavior that seeks mutual cooperation, and its premise is that all parties to the negotiation must treat each other equally. If one party can't treat the other with an equal attitude, cooperation can't be established and negotiations can't be carried out.
In its economic exchanges with other countries, China opposes seeking political and economic privileges under any pretext and with any additional privileges. At the same time, China will never accept any unequal conditions and unreasonable demands from the other side. For example:
Yuan Geng, director of Shenzhen Shekou Industrial Zone Management Committee, visited a country to discuss the joint venture with foreign consortia to build a new float glass factory. In the blitzkrieg, the other side, with its advanced technology and equipment, arrogant attitude and exorbitant prices, made the negotiations once deadlocked. Then Yuan Geng said? China is an ancient civilization. Our ancestors unconditionally contributed the compass, papermaking, printing and gunpowder to mankind as early as 1000 years ago, but their descendants never complained about how stupid they were not to apply for patents. On the contrary, he praised his ancestors for their outstanding contributions to promoting world scientific progress. Now, in economic cooperation with other countries, China does not require countries to give up their patents unconditionally. As long as the price is reasonable, we won't pay. ? These words spread the selfless spirit of the people of China to promote the progress of world science and civilization and the principle of equality and mutual benefit in foreign exchanges with eloquent facts, and finally won the understanding and appreciation of the other side, expressing their willingness to reduce patent fees and join hands with us. Finally, the two sides reached an agreement.
2. mutual benefit. Some people think that successful negotiation is to get the maximum benefit for themselves, while the other party gets almost nothing. This is the most biased negotiation concept. There is no such negotiation. The only sign of the success of the negotiation is to reach an agreement that is beneficial to both sides, and it is by no means that one side wins and the other loses.
Of course, both sides of the negotiation have different interest plans, and the mutual benefit at the end of the negotiation has many forms:
There are material mutual benefits: for example, trade negotiations. One party sells products and the other party gains profits;
There is also spiritual mutual benefit: for example, cultural negotiations. Cultural exchanges and scientific and technological cooperation between countries and regions;
There is also material and spiritual mutual benefit: that is, one side of the negotiation obtains technical guidance and provides information; The other party gets a monetary reward and so on.
However, no matter how you get benefits, you can't exceed the interests of the other party. If our benefits are based on harming the fundamental interests of the other party, it is impossible for the other party to accept them. In this case, our interests cannot be obtained.
Successful negotiation should be to find the intersection and balance point of interests of both sides through research and finally reach an agreement. Many foreign scholars comment on business negotiation:
Successful negotiation is beneficial to both sides.
In a successful economic negotiation, each party is a winner, and negotiation is a cooperative undertaking. For example:
1970, when an American lawyer was discussing the Arab-Israeli conflict with Egyptian President Nasser, Nasser repeatedly stated that Israel must unconditionally and completely withdraw its troops from the occupied Arab territories. At this time, the lawyer reminded him with human humor:? If Mrs Meyer (Israel) announces on radio and TV tomorrow morning: I hereby announce on behalf of the Israeli people that all troops will be withdrawn from Sinai Peninsula, Gaza Strip, West Bank, Jerusalem and Golan Heights 1967. I hope the whole country will support me. I have not received any promises from Arab countries. ? Nasser listened and burst out laughing. ? She will be in trouble at home. ? These words made Nasser finally understand the rationality of Israel's request, so he changed his original request and agreed to accept the ceasefire agreement.
However, the mutual benefit we are talking about cannot be absolute, that is, the mutual benefit of half to half interests. Mutual benefit means that the economic interests of both sides can be taken care of and satisfied, and it is unrealistic and impossible to demand reciprocity or equality. Only according to the objective conditions and interests at that time, the two sides voluntarily and willingly accepted the relative mutual benefit.
Principle 4 of business negotiation. The principle of compatibility is about how to use negotiation strategies and skills flexibly and accurately.
Question? Elasticity? In business negotiations, the economic interests of both sides are generally expanded to a certain extent, rather than fixed. Because of this, it is natural for both sides to strive for more benefits for themselves as much as possible on the premise of giving consideration to each other's interests and ensuring the signing of the negotiation agreement.
But that's it? Stretch? It's not enough. You have to have one more thing? Shrinkage? And then what? Rong? get ready This requires us to know how to master negotiation strategies and skills flexibly and correctly. There are various strategies in business negotiation, but when choosing strategies, we should not forget the following points:
It should be conducive to promoting the conclusion of the agreement, and the guiding ideology of obedience is the principle of negotiation.
It is necessary to help the two sides properly resolve their differences and disputes.
It is also conducive to strengthening the future friendly and cooperative relations between the two sides.
These are the specific requirements of the compatibility principle. We should understand such a concept:? Shrinkage? Still for? Stretch? It is based on extension as the premise and reference.