Chapter 17 Negotiation and Formation of Contract
国际贸易实务讲义(Chapter 8 Export Business Negotiation and Conclusion of Contract)
2. Offer
（1）The meaning of an offer
the definition of offer stipulated in“convention”
The party who makes an offer is called an offeror, in the case of the seller, the offer is called a selling offer, while in the case of the buyer, and it is called a buying offer.
❖(3) If offeree accepts the original offer after he made a counter-offer, the contract is invalid.
4. Acceptance
A statement made by …or other conduct of the offeree indicating assent to an offer is an acceptance. ❖(1) The meaning of acceptance ❖(2) The essential conditions of acceptance
telegram
2. Revocation
As to whether an offer can be revoked or not, different laws have
different explanations
The “convention” adopts a compromise regulation
Different views of the time that a written form offer becomes effective ：
国际商务谈判(英文)chapter10NegotiationStrategies
Contents
1 Improving Negotiation Skills 2 Strategic Considerations 3 Developing Your Negotiation strategies
4
10.1 Improving Negotiation Skills • “Strategy〞 is considered as comprising
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10.3.3 The Compromising Strategy (1)Bit-by-Bit (2)Conditional Proposals (3)“Log-Rolling〞 (4)“Splitting the Baby〞 (5)Tit-for-Tat
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10.3.4 The Collaborative Strategy (1)Flexibility (2)Focus on Process (3)Identify with Others in Similar Circumstances
(13)Silence
(14)Straw Man
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(15)Turnabout
10.3.2The Accommodation Strategy
(1)Face-Saving (2)Identification (3)Take the Lead Oar (4)Take Reasonable Actions
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10.3.5 The Avoidance Strategy (1)Negotiate Money Issues First (2)Negotiate Non-Money Issues First (3)Refuse to Combine Negotiation of Related
国际商务谈判(英文版)Chapter 3 The Negotiation Process
Settling & Ratifying
Here are some points the negotiators should pay attention to:
①Price ②Completion ③Claims settlement Last but not the least, the record of
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4. Explore Alternatives to Agreement
When the disparity between the two negotiating parties seems too large to be mentioned, however, some negotiators do not want to give up easily.
Getting to Know Each Other The Opening The Review of the Opening
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Getting to Know Each Other
Many relationships in international global transactions begin first with the formation of personal relationships between the players.
The reservation point means the target that negotiators have to achieve for assurance of their basic interests.
The reservation point only sets out one’s own basic interests, and to maximize one’s interests is the final target of all negotiators.
Chapter_10_Negotiation_and_Conclusion_of_Contracts_in_International_Sales_of_Goods
In other words, it refers to trading terms put forward by offerors to offerees, on which the offerors are willing to conclude business with the offerees. 即：发盘是交易的一方向另一方提出各 项交易条件，并愿意按这些条件达成交 易、签订合同买卖某种商品的意思表示。
询盘，又称为“询价”或“邀请发盘”，是指买 方为了购买或者卖方为了销售货物而向对方提出 有关交易条件的询问。询盘在法律上称为“要约 邀请”（Invitation to offer）。我国《合同法》规 定：要约邀请是希望他人向自己发出要约的意思 表示。询盘的主要目的是诱使对方发盘。
Inquiry
The seller and the buyer both can make an inquiry.
Offer
There are two kinds of offers: Firm offer with engagement Non-firm offer without engagement
Invitation for Offer
Examples For Model A, We quote USD800 per set CIF Sydney. We are glad to quote for your reference as follows:… We offer subject to your reply reaching us within 5 days … We quote for Item AA …, subject to our final confirmation
外贸基本流程 英语
外贸基本流程英语Outline of the Basic Foreign Trade Process.Foreign trade, also known as international trade or global trade, involves the buying and selling of goods and services between countries. It is a crucial aspect of globalization and plays a pivotal role in the economic growth of nations. The basic process of foreign trade typically involves several stages, from identifyingpotential markets and products to finalizing contracts, production, shipping, and customs clearance.Market Research and Product Development.The first step in any foreign trade operation is market research. This involves analyzing demand, identifying trends, and evaluating the competition in the target market. Based on this research, companies develop products that are tailored to meet the specific needs and preferences oftheir target customers.Pricing and Quotation.Once the product is ready, the next step is to determine the pricing strategy. This involves considering various factors such as cost of production, shipping expenses, tariffs and taxes, and the desired profit margin.A quotation is then prepared, which details the product specifications, pricing, terms of payment, and other relevant information.Negotiation and Contract Formation.The quotation is then sent to potential buyers, who may negotiate on price, quantity, delivery terms, and other aspects of the deal. Once an agreement is reached, a contract is drawn up and signed by both parties. The contract outlines the specific terms and conditions of the transaction, including product specifications, pricing, delivery schedule, and payment terms.Production and Quality Control.After the contract is signed, the seller proceeds with production. During this phase, strict quality control measures are implemented to ensure that the products meet the specified standards and quality requirements. This is crucial to maintaining the reputation of the exporter and maintaining customer satisfaction.Packing and Shipping.Once production is complete, the products are packed and prepared for shipping. The packaging should be sturdy enough to protect the products during transit and comply with any specific packaging requirements of the importer or the destination country. The products are then shipped to the designated port or airport for further transportation to the final destination.Customs Clearance and Documentation.Upon arrival at the destination country, the products undergo customs clearance. This process involves submittingthe necessary documents to the customs authorities, paying any applicable tariffs or duties, and complying with any other regulatory requirements. Once customs clearance is complete, the products can be released and delivered to the buyer.Payment and Settlement.Finally, the payment for the goods is settled according to the terms and conditions agreed upon in the contract. Common payment methods include letter of credit (L/C), wire transfer (T/T), and payment against documents. The settlement of payment marks the completion of the foreign trade transaction.In conclusion, the foreign trade process is a complex and multifaceted endeavor that requires careful planning and execution. It involves market research, product development, pricing and quotation, negotiation and contract formation, production and quality control, packing and shipping, customs clearance and documentation, and payment and settlement. Understanding and navigating thesestages effectively is crucial for successful foreign trade operations.。
CHAPTER-22-NEGOTIATION-AND-HOLDERS-IN-DUE-COURSE--
Form determines rights that can be asserted by each person gaining possession of the negotiable instrument.
CHAPTER 22
NEGOTIATION AND HOLDERS IN DUE COURSE / HOLDERS BY DUE NEGOTIATION
DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8th Ed.)
NEGOTIATION
“Something more” needed to protect the possessor of the commercial paper.
Facilitate free flow of commercial paper through commercial channels.
alone.
© 2004 West Legal Studies in Business A Division of Thomson Learning
7
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8th Ed.
INDORSEMENTS
© 2004 West Legal Studies in Business A Division of Thomson Learning
国际贸易实务讲义Chapter8ExportBusinessNegotiationandConclu
（1）Main terms of trade
It includes quality, quantity, packaging, price, delivering and terms of payment, etc.
（2）General Terms and Coion 4: Formation and main contents of contact
Section 1: Form and content of business negotiation
1. The form of business negotiation
Two forms: Oral form and written form
3. The offer shall indicate the intention of the offeror to be bound in case of acceptance
This intention may be indicated by terms as “firm” offer, “offer with engagement”, etc.
1. The offer shall be made to one or more specific persons
The offer shall be the definite representation in which the offeror expresses that he shall conclude transaction on the terms and conditions stipulated therein.
If the offer has a restrictive condition, i.e.,” subject to our final confirmation”, then it's a non-firm offer regarded as an invitation for offer.
Negotiation国际商务谈判
《国际商务谈判》 课程报告a process i n which two or more partiesNegotiation isresolve a dispute or come to a mutual agreement. It is aimed t resolve points of difference, to gain advantage for an individu or collective, or to craft outcomes to satisfy various interest is o ften c onducted b y putting forward a position and makingwhich the concessions to achieve an agreement. The degree tonegotiating parties trust each other to implement the negotiat solution is a major factor in determining whether negotiationsincludingNegotiation occurs i n organizations,are successful.businesses, non-profits, and within and between governments as well as in sales and legal proceedings, and in personal situatiNegotiation in businesssuch as marriage, divorce, parenting, etc.require a good legal education and a good financial education s that the parties can understand each other, make sound decision and understand the potential consequences of those decisions.the important points o fillustratesThe art o f negotiating’s important to know the party negotiating. At peroration stage, it’re negotiatingand familiar with the product or service that youwith so that to establish a negotiation goal. As for the strateg negotiating,the first offer n eeds to be aggressive and bepresented by writing. You need to know the negotiation position that in great demand and low supply or much supply and lowerdemand and do not disclose the budget or other l imitationsinthe negotiation position in order to establish a solid foundat early by demonstrating your knowledge and expertise on theprocess. However, understanding thetopic i n the negotiationother side's priorities is just as important as understanding own and be prepared to give up the little things in exchange fo the big things you don't want to concede. T hat’s to say, s omepoint collaborationand compromise are needed to reach awin-win solution.for s uccessful business In my opinion, there are 5 tacticsnegotiations.issues and point o f1.Listen a nd understand the other p arty’sview. Basically, in any conversation or discussion o rlistening is just a s important, or even more negotiation,important, than talking. You should listen to understandinstead o f listening to respond. The key to gatheringinformation effectively is the process of active listening.to understand what the important points o f the other s ide,and what limitations identify where they may be flexible,they may have. Y ou've got to take a ll o f your assumptionsand test them.2.Be prepared. The preparation of negotiating require t hefollowing points:1)Check whether you're in a negotiating s ituation.(Advantages and disadvantages.)you and your2)Clarify your aims. (Achieve t he objectiveshave set, getting a good deal a nd improving constituentsyour relationship with the other side etc.)(Gather i nformation about the other3)Gather information.with party, the company, the person y ou are negotiatingand the similar deals have been completed etc.)[Who? who is to take part a nd do4)Prepare t he setting.what?; Where? (i.e. our place or theirs?); When? (i.e. what is the time scale?); Why? (i.e. what are we negotiatingabout?); and How? (i.e. how are we to present our case?).]5)Prepare Y ourself M entally. (Don't p ut yourself above orbelow them; stay relaxed and unhurried; don't reveal your feelings at any point etc.)3.Understand the deal dynamics. Less negotiation can be dealtat once, thus, t here m ay be some changes during severalnegotiations. It is essential to understand the deal dynamic for example, who wants the deal more, who has the leveragein the negotiation, what alternatives does the other side ha and so on.by continually4.Avoid the bad strategy o f “negotiatingImagine that you have a potential client who will conceding.”greatly benefit from your business. T his client hasunreasonable demands that will create more losses than wins for you, however you accept t hese d emands in hopes ofgetting close to a beneficial deal. If you continue to give the client will learn that they can continue with unreasonabl demands, and that you will always accept. Instead of giving in to these requests, make sure that the situation will lead future benefits for you.5.Never accept the first offer. Most buyers will leave room itheir f irst offer t o go up by at least 5%-15% in price,One of the most common depending on the situation.techniques:Don’t ever accept t he first offer, or negotiationand perhaps u nknowingly giving risk “showing your cards”away some of the bargaining zone. S ome experts providedexperimental and real-world examples of negotiationthe p eople who m ade first offers did better in evidence thateconomic terms than those w ho did not. T herefore, there isflexibilityand possible to bargain a fter rejecting the first offer.Negotiation is a fundamental element i n the social life ofskills can be of great b enefit inand negotiationorganizationsthat a rise between you and others.resolving any differencesTake accepting a new job as an example, t he employer's first compensation offer is often not a company's best offer, and th employee can negotiate different terms such as higher pay, more vacation t ime, b etter retirement benefits,and so on. In theis a growing needdeal-b ased economy of today’s world, therefor companies to collaborate with each other. As a consequence needs, w ants, a ims, o pinions, and beliefs of theof the varyingparties b rought together, conflicts and disagreements a re inevitable. Thus, negotiation plays an important role in busine world. The benefits of negotiation can be showed that help buil because the aim is to foster goodwill despite relationshipsdifference in interests,andhelp in avoiding f uture c onflictswith noproblem by leaving b oth parties equally s atisfiedbarriers to communication for the future etc.。
negotiation-国际商务英语-大学课件
Assented without additional modifications
2. Late Acceptance
CISG Article 21
(1) A late acceptance is nevertheless effective as an acceptance if without delay the offeror orally so informs the offeree or dispatches a notice to that effect. (2) If a letter or other writing containing a late acceptance shows that it has been sent in such circumstances that if its transmission had been normal it would have reached the offeror in due time, the late acceptance is effective as an acceptance unless, without delay, the offeror orally informs the offeree that he considers his offer as having lapsed or dispatches a notice to that effect.
What’s the time-limits？
商务英语翻译教程
翻译理论在我国文字翻译最早开始于春秋时期的越人歌迄今大约有2500年的历史对翻译标准的争论也有1000多年但有关翻译标准在翻译界迄今还没有达成共识即还没有一个大家都认同的翻译标1898年严复在天演论的译例言中说
商务英语翻译教程
College Business English A Course for Translation
综观国内外翻译家们的观点，可以得出结 论：中外翻译标准其实质上有一致性，即： 信息对等。
说到底，不管什么样的翻译标准，都离不 开一个“真”字，换言之，译文应该是原 文信息的真实反映，译者最大限度地将原 文作者所赋予原文语言文字的“任务”转 译到译文里。
译者应具备的能力
翻译过程是一个语言转化的过程，涉及跨语言， 跨文化的内容。
Termination of offer
“An offer, even if it is irrevocable, is terminated when a rejection reaches the offeror” (CISG Art.17).
Offers
According to different criteria, offers can be classified into various kind:
外语水平能力 母语水平能力 知识水平能力
商务英语专业行话 术语 应用水平能力 只有通过练习实践，才能真正提高译者的翻译水
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Chapter 17 Negotiation and Formation of Contract
§1 Trade Negotiation
Ⅰ. General procedures for trade negotiation
贸易磋商的一般程序
贸易磋商/谈判是买卖双方就买卖商品的有关条件进行协商，以期达成交易的过程。
是贸易合同订立的基础。
包括四个环节：询盘、发盘、还盘、接受。
其中只有发盘和接受是每笔交易必不可少的两个基本环节或法律步骤。
合同=发盘+接受
1 . Enquiry/Inquiry 询盘
一方打算购买或出售某种商品，向另一方询问买卖该项商品的有关交易条件的业务行为。
2 . Offer 发盘
交易的一方发盘人（offeror）向另一方受盘人（offeree）提出购买或出售某种商品的各项交易条件，并表达愿意按这些条件与对方达成交易、订立合同的行为。
发盘既是商业行为，又是法律行为，在合同中称之为“要约”，发盘多由卖方发出，称作售货发盘（Selling offer）；也可由买方发出，作称作购货发盘（Buying offer）或递盘（Bid）。
3 . Counter-offer还盘/反要约
受盘人不同意或不完全同意发盘人在发盘中提出的条件，为进一步协商，对发盘提出修改意见，简单地说：是对发盘的修改。
Counter-Offer=Rejection+New offer
还盘是对发盘的拒绝，还盘一经作出，原发盘即失去效力，发盘人不再受其约束，一项还盘等于是受盘人向原发盘人提出的一项新的发盘，还盘作出后，还盘的一方与原发盘的发盘人在地位上发生了变化，还盘人由原来的受盘人变成新发盘的发盘人，而原发盘的发盘人则变卖了新发盘的受盘人。
4 . Acceptance接受
受盘人接到对方发盘或还盘后，同意对方提出的条件，愿与对方达成交易，并及时以声明或行为表示出来，在法律上称为承诺。
例：电传YC 10 TH ACCEPTED （Your Cable 10 th accepted）。
你10日电报接受。
接受既属商业行为，又属法律行为。
接受产生的重要法律后果就是交易达成，合同成立。
§2 Formation of the Contract
Ⅰ. Offer发盘
1 . The constitution of an offer 发盘的构成条件
(1) To one or more specific persons 向一个或一个以上特定的人发出
(2) Sufficiently definite 发盘的内容须十分确定
(3) Indicates the intention of the offeror to be bound in case of acceptance 表明发盘人受其约束2 . Term of validity 发盘的有效期
(1) The latest time 规定最迟接受的期限
(2) A period of time 规定一段接受的期限
3 . Withdrawal and revocation of an offer 发盘的撤回与撤销
(1) Withdrawal 撤回
一项发盘，即使是不可撤销的，也可以撤回，如果撤回的通知于发盘送达受盘人之前或同时
送达受盘人有效。
(2) Revocation 撤销
Article 16 of CISG states that:
①. 在未订立合同之前，发盘可以撤销，如果撤销的通知于受盘人发出接受通知之前送达受盘人。
②. 但有两种例外，发盘不得撤销：
(a) 发盘规定有效期或表示其是不可撤销的；
(b) 受盘人有理由信赖该发盘是不可撤销的，而且受盘人已本着对该发盘的信赖行事。
4 . Termination失效
An offer is terminated when
(1) it is over the term of validity; 有效期届满
(2) it is rejected or declined; 受盘人拒绝
(3) it is legally revoked. 发盘人依法撤销
Ⅱ. Acceptance
1 . The constitution of an acceptance接受的构成条件
(1) The acceptance must be made by the offeree必须由受盘人作出, 与发盘须对“特定的人发出”相对应
(2) The contents of an acceptance must conform to that of an offer 接受的内容必须和发盘的内容相符
Article 19 of CISG states that
“①受盘人答复时虽使用了…接受‟字样，但又对发盘的内容作出了某些更改，是对发盘的拒绝，构成还盘。
”
“②. 如果受盘人对发盘内容所作的变更不属于实质性的，能否构成有效的接受，取决于发盘人的态度。
如发盘人不表示反对，合同的条件就包含了发盘的内容以及接受通知中所作的变更。
”“③. 有关货物的价格、付款、质量、数量、交货地点、时间、一方当事人对另一方当事人赔偿责任范围或解决争端等的添加或不同条件，均构成实质性变更发盘的条件。
”
(3) The acceptance must be made within the period of time for acceptance. 接受在有效时限内作出
An acceptance which is made after the period of time for acceptance is late acceptance(迟到的接受/逾期的接受).
A late acceptance is not effective as an acceptance. But there are two exceptions. Article 21 of CISG states that
“①. 如果发盘人毫不迟延地用口头或书面形式将表示同意的意思通知受盘人。
②. 如果载有逾期接受的信件或其他书面文件表示，它在传递正常的情况下是能够及时送达发盘人的，那么，这项逾期的接受仍具有接受的效力，除非发盘人毫不迟延的用口头或书面方式通知受盘人，他认为发盘已经失效。
”
总之，接受迟到是否有效，取决于发盘人的态度。
(4) An acceptance must be indicated.接受必须表示出来。
2 . The moment when an acceptance becomes effective 接受生效的时间
Article 18(2)of CISG states that
“An acceptance of an offer becomes effective at the moment the indication of assent reac hes the offeror.” 接受送达发盘人时生效。
Civil Law(大陆法) : 到达生效。
3 . The withdrawal of acceptance 接受的撤回
Article 22 of CISG states that “An acceptance may be withdrawn if the withdrawn if the withdrawal reaches the offeror before or at the same time as the acceptance would have become effective.”
接受可以撤回，如果撤回的通知赶在接受到达发盘人之前传达到发盘人，或者二者同时到达。
Ⅲ. Signing of the contract 合同的签署
1 . The functions of the contract in written form
书面合同的作用
(1) An evidence of formation of contract
合同成立的证据
(2) A basis for implementation of contract
履行合同的依据
(3) Sometimes a prerequisite for conclusion of contract
有时是合同生效的条件
2 . Forms and contents of the written contract
书面合同的形式和内容
(1) Forms
The commonly used forms are: Contract, Confirmation, Agreement, Memorandum, etc.通常使用的形式有：合同，确认书，协议，备忘录，等等。
(2) Contents。