商务谈判教学课件

1、 Success in negotiation is seen not to be measured in points scored off ones opponent，but in the contribution that the negotiation makes to the successful operation of the activity as a wholeThis applies within the negotiation itselfEach party must accept the need to modify its own demands as necess

2、ary to meet the requirements of the negotiating objectiveThere is no room in a negotiating team for a certain person to insist on pursuing limited departmental interests to the detriment of his teams overall success However, the negotiating team should not be too large. At any time it should not exc

3、eed five. It becomes extremely difficult for the team to be kept under control if the team number is beyond five. And it is difficult for its activities to be directed towards a single outcome. Arguments are likely to develop between the members of the team themselves during the negotiation session.

4、2Team Leader Reference has been made specifically to the sales manager or the chief buyer as two obvious examples when choosing a team leaderBut there are also numerous other occasions when an alternative candidate will be proposed. Negotiations are conducted under a system of law and within a parti

5、cular economic，cultural and political frameworkThe framework of international negotiations is derived from two or more sources that will be in conflict with one another to a degreeKnowledge of this and the ability to apply the knowledge are essential to the achievement of a successful outcome to the

6、 contractNote that it is the performance of the contract that is significant，not just the negotiation itself1Negotiators Should Identify All Issues That May Be RelevantThe political system：the extent of state control of business enterprises and its organization；social stability；the extent of politic

7、al interest in the contractproject and etc.Religion：The predominant religion of the country and its social influenceLegal system：the legal and judicial system；their influences on business，the relevant laws on establishment of a local company and on employment，and etc The business system: business co

8、nduction; significance given to contract, roles of professional advisers (e.g.lawyer); negotiation proceeding (e.g. first the technical and then the commercial. How to make concession?); and the counterpart of the negotiation (e.g. agency or the operating company) and etc. The social system：social b

9、ehavior concerning business The financial and fiscal system: the countrys foreign exchange reserves; the commodities exported for foreign earnings; the currency freely exchangeable within the territory and its restrictions; procedures for obtaining payments in foreign currencies; the countrys record

10、 on honouring payment obligations including likely delays; the type of Letter of Credit used in the country; the applicable tax laws, restrictions on remittance of the final payment; regulations on the payment of customs duties; other fees concerning the contract and etc.Infrastructure and logistica

11、l system： the availability in the territory concerning labor， materials for construction； the availability of finding a competent and financially sound subcontractors；restrictions on importation of labour，materials and plant； local logistical problems relating to transport； problems relating to weat

12、her2The Negotiators Should Select Those Issues Relevant to the Particular NegotiationThis is a matter of obtaining an understanding of some of the points referred to in the above mentioned section so that the negotiators can recognize both the degree of their importance and the extent to which they

13、are interrelated.The negotiators can obtain data from the following sources in order to understand whether a problem exists or not：From the organizations in our country，such as MOFTEC(Ministry of Foreign Trade and Economic Cooperation of China 对外贸易经济合作部对外贸易经济合作部) and its provincial committees， forei

14、gn trade corporations，banks with particular interest in the territory and newspaperjournal articles；From overseas，for example，Chinese Embassy and Chinese local companies, local banks， the agents， other businessmen operating in the territory, local newspaper / journal articles and etc.In collecting a

15、nd assessing the data，it is important to bear in mind any bias that may exist in the person from whom the data is obtained and in the data itself. So the negotiators should collect a number of separate facts and fit them together to form a composite which is likely to resemble reality. The emphasis

16、here is on the facts being separateIIICreditability StudyCreditability study of the counterpart is done before the negotiation. It enables the negotiators to have an overall picture of the opponent, e.g. the capital held, the business scope, the annual sales volume, his credit status, and whether th

17、e opponent has a confirming bank and etc.The brief should：1. define the negotiating objective in terms of the major issues to be discussed2. state the minimum acceptable level for each of the major items3. establish the time period within which the negotiations should be concluded4. identify the tea

18、m leader and other members of the negotiating team5. set up the lines of communication and the reporting systemThe format of the brief will be common to each of the negotiating situations although the details are differentThe Negotiating Plan1. Definition of Initial Strategy2. Supporting Arguments3.

19、 The Location of the Negotiations4. Administrative ArrangementsChapter TwoStructure and Sequence of the NegotiationThe preparation and planning for the negotiation have been carried out, the actual conduct of the negotiation will now be considered. The period covered by the negotiation may be divide

20、d into four stages: 1) the opening and its review; 2) the follow up; 3) identifying the bargain; 4) concluding the bargain.1. Offensive Tactics1) Asking questions 2) Making the other side appear unreasonable 3) Pulling the pigs tail4) Use of commitments5) Discovering interests 6) Presenting argument

21、s 7) The right answer strategy 8)The best alternativestrategy3)Pulling the pigs tail It is a colloquial term referring to the result of the activity that the animal pulls as hard as it can in the opposite direction. One party will over emphasize the apparent importance to his securing a particular p

22、oint when his real objective is the direct opposite. Some negotiators are suspicious of any proposal made by their opposite partner, e.g. if the exporter offers to deliver on CIF basis, the importer thinks the exporter must be making a profit on the shipping charges, so the importer insists on purch

23、asing on FOB basis which is the exporters objective.v6) Presenting arguments v In negotiations, a party often feels the need to show to the other side that they know exactly where the others real interests lie and will not compromise theirs. The valid reasons must be put into some kind of an order.

24、Each point should be stronger than the one before until the argument reaches its climax. That is to say, it ends with the strongest point, the point that the other party will find most convincing. If, for example, the receiver is of the opinion that the supplier should provide technical assistance d

25、uring the first year of the contract, the order of the reasons given might be：a) Improvement in the receivers company (it has little force with the other side) ; b) The attitude of other suppliers (it is stronger than a) ; c) Government pressure ( although negative, it is compelling); d )Suppliers r

26、oyalty (it sounds most convincing to the supplier). v With the order of listing reasons properly sorted out, the remaining problem is how to present arguments effectively and convincingly.v A negotiator should understand that a statement of interests,no matter how brief, should be concrete and speci

27、fic. Whereas abstract arguments are more often than not ineffective, therefore, inappropriate in down-to-earth contract negotiations.v Practices prove that many questions in contract negotiations do not have clear answers. Under such circumstances, problem-oriented negotiators often write workable c

28、ontracts whilst principle-oriented negotiators cannot reach agreement at all.v A good negotiator should try to use rational arguments rather than motivational (rues to help the two sidas reach reasonable conclusionsv v 2Defensive Tacticsv 1) Minimum response and pretended misunderstandingv 2) Side-s

29、tepping v 3) The Yes-but technique v 4) The counter questions v 5) Straw issues v 6) Exposing dirty tricks v 2Defensive Tacticsv 1) Minimum response and pretended misunderstandingv The most effective of defensive tactics in negotiation is to say just enough to compel the other side to go on talking

30、(e. g. in dealing with technical experts). The more they talk, the more they will reveal, the more they will feel compelled to reveal in order to be persuasive, and the nearer they will come to exposing their genuine motives and the real level of their minimum negotiating objective.v 3) The Yes-but

31、technique v If the negotiator faces a question that he wishes to answer in the negative, but he does not want to give offence, he may use the technique of yes-but The affirmative part of the answer should appear to align the negotiator alongside his Opponent, and so establish the negotiator as someo

32、ne who is cooperative and appreciative of the viewpoint of the other side. The negative part is intended to identify some of the reasons that prevent the negotiator from doing what the other side would like him to do.v Sale by Sample v If the sellers sample is adopted, the seller should make sure th

33、e sample is fully representative and keep for record a duplicate sample after sending the sample to the buyer. If the seller sends a sample to the buyer only for reference, the seller should make it clear to the buyer that the sample is only for reference. If the buyers sample is adopted, the seller

34、 should make a duplicate of the sample and send it to the buyer as a counter-sample or return sample. In this case, it is in the interest of the seller to point out in the contract that any claim for industrial property rights by any third party is to be handled by the buyer and has nothing to do wi

35、th the seller. When the seller is not sure that the delivery has the same quality as the quality of the sample, it is appropriate to state in the contract that the quality is about the same as the sample.Sale by Description，which is again divided by Sale by Specification，Sale by Grade，Sale by Standa

36、rd and Sale by Lump Cargo Quality，etcTo ensure the quality stipulations are satisfied，the exporter should try to adopt the following types of inspection clausesif the exporter is a Chinese company：It is mutually agreed that the Certificate of Quality issued by the China Import and Export Commodity I

37、nspection Company at the port of shipment shall be regarded as final and binding upon both parties.It is mutually agreed that the Certificate of Quality issued by the China Import and Export Commodity Inspection Company at the port of shipment shall be taken as the basis of delivery and binding upon

38、 both parties.v Chapter Twov Packing and Markingv I . Packingv Packing is a critical element of your export business. If the product does not arrive at its destination in good condition, it is almost as if your product had not arrived at all. Both manufacturers and freight forwarders can help with p

39、roper packing, since they have experience with shipping hazards and with the specific product, respectively.v The packing clauses in a sales contract usually include packing method, packing material, packing specification, shipping marks and packing cost. Here are some examples for reference:vII. Ma

40、rkingv The buyer shall make demands for the marking definitely in order to identify the shipment, which enables the carrier to forward it to the ultimate consignee. Old marks, advertising, and other extraneous information only serve to confuse this primary function for freight handlers and carriers.

41、 In negotiating an import contract, the buyer should require the seller to follow the following fundamental marking rules.v The marking clauses usually adopted are as follows: The Sellers shall mark on each package with fadeless paint the package number, gross weight, net weight, measurement and the

42、 wordings: KEEP AWAY FROM MOISTURE , HANDLE WITH CARE, THIS SIDE UP etc. and the shipping mark:v Contract Nov Markv Chapter Fourv Transportationv The type of transportation to be selected by the negotiating parties will be determined by the quantity, the cost and the size of each shipment, the dista

43、nce of transportation, and the nature of the goods. For example, importers of perishables must make certain they obtain overseas transportation and rapid dispatch at the pier on arrival in order to prevent spoilage. Obviously, close attention must be paid to routing and scheduling dates. Importers o

44、f seasonal merchandise must likewise make sure that schedules are met. As anyone who has worked in a department or specialty store knows, sales promotions generally run on time. Late goods are usually returned to the vendors because most sales contracts have a clause specifying arrival dates.v 1. Oc

45、ean Freight v The majority of goods from foreign countries come by ocean freight. It is the most economical way to ship large quantities. Steamship companies charge by weight or measurement, depending on which produces the greatest revenue. Therefore, articles such as fishing weights would probably

46、be charged by weight, whereas modular housing would be charged by size (cubic metre).v 2. Air Freight v Air Freight is becoming more popular as rates are reduced. Speed of delivery is a major attraction, but it is also often easier to ship fragile, expensive items by air, since less packaging is req

47、uired for security during air shipment and since most such items are lightweight (e. g. watches and art works).v Air freight rates are based on the commodity shipped and the distance traveled. Within these constraints, weight and volume, as with ocean freight, will determine the final cost. Rates ar

48、e normally set on a sliding scale. As the weight goes up from the minimum, the price per pound goes down.v As with passenger transportation, air carriers are trying to increase the use of their cargo services. To the end, freight forwarders are allowed to pool the shipments of smaller shippers, thus

49、 taking advantage of the lower rates applied to large quantities. The freight forwarders, acting in this instance as consolidators, book several shipments to one destination, then book the cargo on an air carrier to obtain the best rates. They then pass on the savings to the shippers.v Quotations fr

50、om air carriers are from airport to airport. You should compare air quotations with ocean freight plus truck or rail quotations, considering also delivery schedules and the nature of the goods, before you make a final decision in the negotiation.v 3. Parcel Post v Small, inexpensive packages are bes

51、t dispatched by parcel post. Air parcel post is best, since it speeds delivery by two or three weeks.v In international trade negotiations, sellers and buyers should reach agreement on date of shipment, places of shipping and destination, transshipment and partial shipments before they put their sig

52、nature on a contract. The following items merit attention of both sellers and buyers, depending on specific circumstances:v 1)Time of shipment:v If the quantity involved is not big and there is supply available, the time of shipment can be made short. The seller may adopt prompt delivery or shipment

53、. If the buyer is a new client, the seller should link time of shipment with the issuance of letter of credit. (e.g. shipment within 30 days after receipt of the L/C)v 2)Port of shipment and port of destination:v They are connected with the price of the contracted goods and the responsibility for lo

54、oking after transportation. Generally speaking, the port of shipment is suggested by the seller for the benefit of facilitating exportation and agreed to by the buyer. In the case of FOB contract, the port of shipment should be able to accommodate the vessel designated by the buyer. More often that

55、not, there is one port of destination provided for in a contract. Sometimes, there is more than one port of destination that is named in a contract for the purpose of saving freight as requested by the buyer. But one port of destination has to be confirmed by the buyer before the shipment is effecte

56、d.v 3)Partial shipment and transshipment:v Generally speaking, in case there is large volume involved and there is difficulty in chartering ships, the seller should strive to allow partial shipments and transshipments in a contract to avoid possible difficulty in making delivery. On the part of the

57、buyer, effort should be made to avoid partial shipments and transshipment for they lead to longer time for delivery and extra expenses.v 4)Shipping advice：v The sellers shall, immediately upon the completion of the loading of the goods, advise by fax/telex the buyers of the contract No., commodity,

58、quantity, invoice value, gross weight, name of flight and date of sailing, etc. In case the buyers fail to arrange insurance in time due to the sellers not having advised in time, all losses shall be bor ne by the sellers.v Insurance to be covered by sellers on 110 % of CIF value against All Risks,

59、and any extra premium for additional insurance, if required, shall be borne by buyers.v 2. With regard to the import insurance, the buyer should pay attention to the following:v All shipments should be insured either by your company or by the shipper. If you have obtained CIF pricing from your suppl

60、ier, you will not have to worry about insurance, since it is included in the price you pay for the merchandise. However, be aware that there are some insurance coverage taken out by foreign sellers that our importers do not find satisfactory. Therefore, before you accept a deal with a CIF price, che