国际商务贸易合同课件英文版
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商务合同英文版.pptx
Ⅰ:The negotiation and conclusion of the Sales Contract
Ⅱ: The fulfillment of sales contract
Ⅰ:The negotiation and conclusion of the Sales Contract
1.The contents of business negotiation Including Commodity, quality, quantity, unit price, total value, shipment, term of payment, packing ,marking and Nos., insurance, claims, force majeure, arbitration and so on
3) Counter-offer
例：前面所举的运动衫发盘的受盘人根据发盘作 出如下还盘：
Your cable 10th counter offer USD 70 per dozen CIF NEW YORK, May shipment D/P 30 days 原发盘人再作还盘：
Your cable 12th lowest price USD 75 per dozen CIF NEW YORK, May shipment irrevocable sight L/C
包销合同
￭ Custodian contract
保管合同
2. Labour Service:
￭ Engineering Contract
工程承包合同
￭ Project Cooperation Contract 工程合作合同
￭ Labor Cooperation Contract 劳务合作合同
国际贸易英语pptPPT课件
Other trade terms
Other trade terms include CFR (Cost and Freight), CIP (Carriage and Insurance Paid), CPT (Carriage Paid To), and so on. These terms also have certain applications in international trade, and their obligations and risk allocation for both buyers and sellers are similar to the above three trade terms, but the specific operating procedures and cost sharing are different.
The Importance of International Trade
Summary words: Classified by product form, transaction method, and transaction nature
Classification of International Trade
Certificate of Origin
Summary: A certificate of origin is an official document that proves the origin of goods, used to prove whether the value, taxes, etc. of the goods meet the requirements of the importing country.
国际商务谈判英文版课件
Paying attention to body language, legal expressions, and tone of voice can provide additional information
Non verbal communication
Repeating or summarizing what the other party has said can ensure that you have understanding their points correctly
Cultural factors in international business negotiations
04
Body language
Non verbal cues such as factual expressions, posts, and styles can convey messages that are just as important as what is said verbally
01
Course objectives
This course aims to provide students with the knowledge and skills necessary for effective international business negotiations
Course structure
Mediation
If necessary, a neutral third party can help resolve conflicts by facilitating communication and bridging cultural divisions
国际商务谈判英文版PPT-9 . International BuyingSelling Negotiations
9.2 EFFECTS OF GLOBALISATION
9.2.3 MNEs and international selling
• In multinational MNEs
– Each overseas subsidiary is usually decentralised and bec omes nationally self-sufficient
ween the parties – the national law under which the agreement will be int
erpreted
9.2 EFFECTS OF GLOBALISATION
9.2.6 Licensing agreements
• A licensing agreement may be a simple patent li cence or a production or process technology lic ence
9.2.3 MNEs and international selling
• Generic strategies which may give an MNE co mpetitive advantage both in developing and de veloped markets are – cost leadership – niche operations – market differentiation
• In global MNEs
– little account is taken of national differences – typically integrate local activities into worldwide operat
Chapter 3国际商务合同的结构《国际商务合同双语》PPT课件
• 思考题： • （1）涉及对损害赔偿金的限制，法官阐明了哪些规则？这些规
则之间的关系是什么？
• （2）导致本案判决结果的关键事实是什么？
合同的前言
3.1 Preamble of a Contract
3.1 Preamble of a Contract 合同的前言
• A preamble is a preliminary statement to introduce the general reasoning of an agreement, the principle of reaching an agreement, or the scope of authority. It usually includes the title, and number of the contract, the date and place of signing the contract, the names and addresses of both parties and the preface or recitals, etc.
operational clause
3.2 Main Body of a Contract 合同的正文
• General clauses includes the following：①Definition clause；②
representations and warranties Clause；③indemnification/hold harmless clause；④confidentiality clause；⑤term and termination clause；⑥assignment and modification clause；
则之间的关系是什么？
• （2）导致本案判决结果的关键事实是什么？
合同的前言
3.1 Preamble of a Contract
3.1 Preamble of a Contract 合同的前言
• A preamble is a preliminary statement to introduce the general reasoning of an agreement, the principle of reaching an agreement, or the scope of authority. It usually includes the title, and number of the contract, the date and place of signing the contract, the names and addresses of both parties and the preface or recitals, etc.
operational clause
3.2 Main Body of a Contract 合同的正文
• General clauses includes the following：①Definition clause；②
representations and warranties Clause；③indemnification/hold harmless clause；④confidentiality clause；⑤term and termination clause；⑥assignment and modification clause；
Chapter 1国际商务合同的基础知识《国际商务合同双语》PPT课件
Guide Case Selling Water for China
• 2. The Scene
• These negotiations concerned an urban water supply system providing potable water to around one million people. Through an agent in the province, the China subsidiary PAQ had secured a contract to construct a water treatment plant for the system.
Guide Case Selling Water for China
• 2. The Scene
• Some time after the completion and commissioning of the plant, PAQ learned from the same agent that the municipality was short of funds for some urgent development projects. One of its options was to privatize the municipality’s water supply facilities.
Basic Knowledge of International
Business Contracts 国际商务合同的基础知识
Guide Case Selling Water for China
• 1. Case Story • Overview：Acqua International（AQ）is a Europe⁃based
国际贸易实务双语课件chapter three
Section Two Formation of Contract 合同的格式
A business contract is an agreement, enforceable by law. It may be formal or informal. The business contract which is generally adopted in international trade activities is the formal written one. Generally speaking, the business contract is usually made up of 3 parts, i.e., the preamble, the body and the witness clause. 贸易合同是一份具有法律效力的协议书。它可以是正 式的也可以是非正式的，一般来说，一份正式的合同 通常由约首、约文和约尾三部分组成。
Contracts for the Sale and Purchase of International Commodity 国际商品的买卖合同
Section One Definition of the Contract (合同的定义)
A contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. 国际货物买卖合同是指营业地处于不同国家或地区的当 事人之间所订立的货物买卖契约，合同双方都可受益。
合同的三部分
约首：通常包括合同名称、合同号码、缔约日期、缔 约当事人、缔约地点、当事人的合法依据、缔约缘等 约文：通常包括定义条款、一般条款、基本条款、有效 期、终止、让与、不可抗力、适用的法律、仲裁、诉 讼管辖、通知手续、完整条款、修改等 约尾：通常包括文字的效力，份数，见证人，附件，当 事人签证，盖印等
国际商务谈判英文版PPT-1. International Business Negotiation
• The cross-cultural nature of international business negotiation – its defining charact eristic – helps explain why it can be very difficult to reach acceptable Agreements
1.1 Introduction
• International business
– economic activities economic activities across national boundaries
• International business negotiation
– not a monolithic activity – involves cooperative exchanges of information
1.3 Scope
1.3.3 Government involvement
– government plays an important role in some negotiations either as a participant or as a regulator
1.4 Different Type s
and offers between the parties
give and take, trade-off
– micro-level vs. macro-level – Involves the laws of two or more countries
1.2 Communication
1.2.1 Communication technologies
1.1 Introduction
• International business
– economic activities economic activities across national boundaries
• International business negotiation
– not a monolithic activity – involves cooperative exchanges of information
1.3 Scope
1.3.3 Government involvement
– government plays an important role in some negotiations either as a participant or as a regulator
1.4 Different Type s
and offers between the parties
give and take, trade-off
– micro-level vs. macro-level – Involves the laws of two or more countries
1.2 Communication
1.2.1 Communication technologies
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Devaluation But Not Protecting The State Electricity Board.
▪ After A Few Years Of Non Payment Phase 2 Was Abandoned And Phase 1 Was Shut Down. The Plant Is Currently Inactive. It Would Have Been The World’s Largest Private Gas-powered Power Plant.
Enron Questions
▪ What went wrong from a contract negotiation standpoint?
▪ How could things be done differently? ▪ How useful was international arbitration?
▪ The Government Asked For The World Bank To Review The Deal
▪ World Bank Questioned The Economic Viability Of The Deal
▪ Said It Was Very One-sided In Favour Of Enron
▪ The Central Government approved the project in Early 1993 and applied for World Bank Financing.
▪ The World Bank rejected the financing, saying the project was economically unviable
‘BT’ in India Continued
▪ After The Cable Was Built, The Government Of India (GOI) Announced A Scheme Of Liberalisation Where LDMI No Longer Had A Monopoly. They Had To Allow Other Carriers To Enter India Using Their Network And Landing Station (For A Price)
BS7312 International Business Environment & Trade
Two Personal Case Studies Involving International Contracts
21 February 2018
Peter Martins da Silva
Both Cases Relate to My Experience in the Submarine Cable Industry…
Enron Dabhol History Continued
▪ Enron submitted a detailed proposal in December 1992 for a $3.1 B investment
▪ The government scaled back the project to $2.65B and Enron Agreed.
▪ There Argument Was: “It’s In The Agreement, If You Don’t Like It, Sue Us.”
What Should BT Do?
ห้องสมุดไป่ตู้
Another Case Involving International Arbitration
Enron’s Dabhol Project
▪ After Less Than A Year In Operation, The State Government Was Behind In Payments For The Electricity.
▪ Rates Were Much Higher Than The Government-provided Rates ▪ Rates Were Same Even If The Capacity Wasn’t All Used ▪ Rates Were Denominated In US$, Protecting Enron Against
▪ In June 1992 During A Indian Government Roadshow Enron Was Invited To Bid For A Power Generation Project In The State Of Maharashtra
▪ Enron Reviewed Sites In Maharashtra And Entered Into Discussions With Central Government. The Site Selected Was 150km South Of Mumbai.
Bermuda Telecom (BT) In India
(Names Disguised) ▪ Bermuda Telecom Landed A Submarine Cable In Mumbai ▪ Bt’s Landing Partner Is The State-owned Long Distance Monopoly In India (LDMI) ▪ As Part Of The Multi-party Landing Agreement LDMI Paid BT $36 Million To Buy A Small Portion Of Capacity On The Cable. At The Time LDMI Had A Monopoly On Long-distance Traffic In And Out Of India.
▪ The Central Electricity Authority (CEA) gave provisional approval, despite concerns.
▪ The State of Maharashtra took CEA’s approval as final clearance and signed in November 1993 official 20-year agreement with Enron to build plant and supply power at agreed prices. Essentially the Electricity Board would pay a minimum of $220 million a year over 20 years.
▪ Enron Argued Case Via The International Court Of Arbitration In Paris, As Provided For In The Agreement, And The Court Ruled In Enron’s Favour.
▪ After Ruling, Agreement Was Reinstated (With Modifications) And The Power Plant Was Constructed, With The First Phase Completed In 1999.
▪ In 1994 after further review of the contract conditions the State of Maharashtra rescinded the agreement.
Enron Dabhol Continued
▪ Enron And Its Project Partner, Bechtel, Sued The State Government. Also Put Intense Pressure Via The US State And Commerce Departments Over An 18 Month Period.
Enron’s Indian Power Project in Dabhol
▪ In 1992 During A Period Of Economic Liberalization The Congress Party-led Government Announced It Would Open Power Sector To Foreign Investment
▪ We Had Many Carrier Customers Who Wanted To Get Access Into India. We Also Knew Many Indian Software Houses Who Wanted Overseas Access. We Wanted To Connect Them Together But LDMI Wouldn’t Let Us, Even Though The Government Decreed That They Should.
▪ Five Days Later Enron And The Government Signed An MOU. Total Value Of The Project Was $3B The Largest Contract In India.
▪ Soon After, Criticism Started In The Press And In Government Circles About The Hastiness Of The Deal
▪ LDMI’s Argument Was That We Had An ‘Exclusive’ Agreement With Them.
▪ This Was Not True. Our Multi-party Agreement Was The Same For All Landing Partners. In Those Countries Where The Markets Opened Up, The Landing Partner Had To Allow Access.
▪ After A Few Years Of Non Payment Phase 2 Was Abandoned And Phase 1 Was Shut Down. The Plant Is Currently Inactive. It Would Have Been The World’s Largest Private Gas-powered Power Plant.
Enron Questions
▪ What went wrong from a contract negotiation standpoint?
▪ How could things be done differently? ▪ How useful was international arbitration?
▪ The Government Asked For The World Bank To Review The Deal
▪ World Bank Questioned The Economic Viability Of The Deal
▪ Said It Was Very One-sided In Favour Of Enron
▪ The Central Government approved the project in Early 1993 and applied for World Bank Financing.
▪ The World Bank rejected the financing, saying the project was economically unviable
‘BT’ in India Continued
▪ After The Cable Was Built, The Government Of India (GOI) Announced A Scheme Of Liberalisation Where LDMI No Longer Had A Monopoly. They Had To Allow Other Carriers To Enter India Using Their Network And Landing Station (For A Price)
BS7312 International Business Environment & Trade
Two Personal Case Studies Involving International Contracts
21 February 2018
Peter Martins da Silva
Both Cases Relate to My Experience in the Submarine Cable Industry…
Enron Dabhol History Continued
▪ Enron submitted a detailed proposal in December 1992 for a $3.1 B investment
▪ The government scaled back the project to $2.65B and Enron Agreed.
▪ There Argument Was: “It’s In The Agreement, If You Don’t Like It, Sue Us.”
What Should BT Do?
ห้องสมุดไป่ตู้
Another Case Involving International Arbitration
Enron’s Dabhol Project
▪ After Less Than A Year In Operation, The State Government Was Behind In Payments For The Electricity.
▪ Rates Were Much Higher Than The Government-provided Rates ▪ Rates Were Same Even If The Capacity Wasn’t All Used ▪ Rates Were Denominated In US$, Protecting Enron Against
▪ In June 1992 During A Indian Government Roadshow Enron Was Invited To Bid For A Power Generation Project In The State Of Maharashtra
▪ Enron Reviewed Sites In Maharashtra And Entered Into Discussions With Central Government. The Site Selected Was 150km South Of Mumbai.
Bermuda Telecom (BT) In India
(Names Disguised) ▪ Bermuda Telecom Landed A Submarine Cable In Mumbai ▪ Bt’s Landing Partner Is The State-owned Long Distance Monopoly In India (LDMI) ▪ As Part Of The Multi-party Landing Agreement LDMI Paid BT $36 Million To Buy A Small Portion Of Capacity On The Cable. At The Time LDMI Had A Monopoly On Long-distance Traffic In And Out Of India.
▪ The Central Electricity Authority (CEA) gave provisional approval, despite concerns.
▪ The State of Maharashtra took CEA’s approval as final clearance and signed in November 1993 official 20-year agreement with Enron to build plant and supply power at agreed prices. Essentially the Electricity Board would pay a minimum of $220 million a year over 20 years.
▪ Enron Argued Case Via The International Court Of Arbitration In Paris, As Provided For In The Agreement, And The Court Ruled In Enron’s Favour.
▪ After Ruling, Agreement Was Reinstated (With Modifications) And The Power Plant Was Constructed, With The First Phase Completed In 1999.
▪ In 1994 after further review of the contract conditions the State of Maharashtra rescinded the agreement.
Enron Dabhol Continued
▪ Enron And Its Project Partner, Bechtel, Sued The State Government. Also Put Intense Pressure Via The US State And Commerce Departments Over An 18 Month Period.
Enron’s Indian Power Project in Dabhol
▪ In 1992 During A Period Of Economic Liberalization The Congress Party-led Government Announced It Would Open Power Sector To Foreign Investment
▪ We Had Many Carrier Customers Who Wanted To Get Access Into India. We Also Knew Many Indian Software Houses Who Wanted Overseas Access. We Wanted To Connect Them Together But LDMI Wouldn’t Let Us, Even Though The Government Decreed That They Should.
▪ Five Days Later Enron And The Government Signed An MOU. Total Value Of The Project Was $3B The Largest Contract In India.
▪ Soon After, Criticism Started In The Press And In Government Circles About The Hastiness Of The Deal
▪ LDMI’s Argument Was That We Had An ‘Exclusive’ Agreement With Them.
▪ This Was Not True. Our Multi-party Agreement Was The Same For All Landing Partners. In Those Countries Where The Markets Opened Up, The Landing Partner Had To Allow Access.