1、国际商务谈判知识点1关键词语What is a negotiation?A negotiation is a process of communication between parties to manage conflicts in order for them to come to an agreement, solve a problem or make arrangements.谈判是各方为化解冲突而进行沟通的过程，目的是使各方达成一项协议、解决一个问题或做出某种安排。Factors in a successful negotiation1. Result of mutual tak
2、ing and giving共同的给予和获取的结果2. The existence of conflicts and collaboration 冲突与合作并存3.Every party can exercise（行使） veto right（否决权） to the results of the negotiation各方都可对谈判决议行使否决权What is a conflict ?A conflict is a dispute, disagreement or argument between two or more interdependent parties who have diff
3、erent and common interests. 冲突是发生在两个或更多既有不同利益又有共同利益的相互依赖的当事人之间的对抗、争执或不同意见。Stakes are the value of benefits that may be gained or lost,and costs that may be incurred or avoided.利益是指（通过谈判）可以获得的利益或者是失去的利益及可以引发或者是避免的成本。Four points1.The negotiations are pertinent to relevant parties interests.谈判是对于各方具有利害
4、关系的事件2.All parties have to pay for the gaining, but what they will get is determined by how well negotiators manage the situation.谈判各方必须有所付出才能获取利益，但所获取利益取决于谈判者如何应对谈判3.What they will get is also determined by the current situation.所获取利益也取决于谈判时的事态发展现状4.Negotiators have to balance the relation between
5、the current interests and long-term interests.谈判者必须对眼前利益和长远利益之间作出权衡2谈判结构General Structure of Negotiation1.Determine interests and issues确定利益与议题Negotiators should identify their own interests and the other sides interests (specially their underlying interests) and find out what issues are involved. 2
6、.Design and offer options设计和提出方案Set forth suggestions and optionsGenerate a number of options before making a final decision3.Introduce criteria to evaluate options引入评价方案的标准For their own interests, all parties will examine and evaluate all suggested options according to their own criteria to find ou
7、t the most favorable one . 4.Estimate reservation points估计各自的保留点和底线5.Explore alternatives to agreement寻求达成协议的替代方案If the agreement is important, negotiators should come up with some alternative suggestions compromising all parties interests.6.Reach an agreement达成最终协议BATNA Best Alternative to a Negoti
8、ated Agreement谈判协议最佳替代方案BATNA是罗杰费希尔（Roger Fisher）和威廉尤里（William Ury）在他们所著的经典文章Getting to Yes中所提出来的。知道你的BATNA就意味着如果目前的谈判没有成功，你对应该做什么和将要发生什么心中有数。 What you will do if an agreement is NOT reachedWhat is the best result you would get if you walked away from this negotiation?If you dont sell your house, wh
9、at will you do with it?Keep it on the market indefinitely; Rent it out; Let someone house-sit(代为照管房屋） in return for maintenance Alternatives are OUTSIDE the negotiationFigure out the value of your BATNA, and then you know what your base for negotiation is. There may be several alternatives, the BATN
10、A is the one you would choose.The BATNA may be a course of action or a set of decisions contingent on（视.而定）the resolution of uncertainty.Reservation Price (bottom line)保留价格（又称免谈价格）是你在谈判中所能接受的最低条件或价格。The least favorable point at which one will accept a dealThe “walk-away”Example: you are looking for
11、larger office space. You set your BATNA at $20/SF and your Reservation Price at $30/SF（square foot平方英尺）If owner wont budge（改变态度或意见）from $35, you walk away and take advantage of your BATNA.“Zone of Potential Agreement” (ZOPA)可达成协议的空间。是指可以达成一桩交易的空间。谈判各方的保留价格决定着可达成协议的空间的界限，该空间存在于谈判各方的保留价格限度相互重叠的区域内。ZOP
12、A: Series of points on a line between the bottom line of both parties where settlement is possible.1.Enquiry询盘Business negotiations in international trade usually start with an enquiry by an importer to an exporter, asking for the price list, catalogues, samples and details about the goods or trade
13、terms and conditions. However, as some times, an exporter can initiate the negotiation by making an enquiry to a foreign importer, including his intention of selling certain goods to the Latter. It is worthy of note that whoever makes an enquiry is not liable for the buying or the selling. And the o
14、pposite side, at the same time, can make no reply at all. But, according to the commercial practice the receiver of an enquiry will respond without delay in the usual form of a quotation, an offer, or a bid.2.offer发盘An offer is a proposal of terms and conditions presented in a potential contract by
15、one party, called the offeror, to another party ,called the offeree.There are two kinds of offer:offer with engagement(firm offer),offer without engagement(non-firm offer). An offer with engagement(firm offer)is made when a seller promises to sell goods at a stated price within a stated period of ti
16、me.It can develop into a contractual obligation.Thus,once it is accepted by a buyer,the seller cannot revoke（撤消） or amend it.3.counter-offer还盘 A counter-offer is an offer made by an offeree to an offeror, accepting some terms and changing other terms.It can be made verbally or in writing.In fact,a c
17、ounter-offer is a partial rejection of the original offer.It is a new offer,at the same time,the original offer lapses（失效）.The original offeror or the seller now becomes the offeree and he has the right to accept or refuse.This process can go on for many a round till the transaction is concluded or
18、called off.4.Acceptance接受 In business law,an acceptance is the assent to the terms of an offer,required before a contract can be valid. An acceptance can only be made in the form of a statement or any other conduct(行为) by an offeree, the particular person or a group of persons, who are clearly stipu
19、lated in a firm offer. Either a verbal or a written statement is good for this purpose. On the contrary, silence or inactivity is by no means an acceptance.3谈判润滑剂Target levels目标层次1.desirable target希望达到的目标(to achieve all desired results)Two purposes: setting a potential goal for negotiators to strive
20、 for and leaving room for bargaining in negotiations.2.acceptable target可能达到的目标(fair for both sides, but slightly lower than desirable target)What negotiators make all efforts to achieve.3.bottom target保底目标 (the minimum level both sides can bear)What negotiators will defend and safeguard with all th
21、eir might.Collecting Information 进行信息调研1.Applications of information in negotiations:(1)Problem solving（解决问题） (2)Strategic planning（战略策划）2.Obtaining Information(1)The political system(政治制度）：the extent（程度、范围） of state control over business enterprises and its organization;social stability:the extent
22、of political interest in the project.(2)The legal system（法律制度）：the legal and judicial systems; their influences on business, the relevant laws on establishment of a local company and on employment(P45 case),etc. (3)The business system(商业体制）：business conduct; significance given to contracts; negotiat
23、ing proceedings(议程）.(4)The financial system(财政体制）：the countrys foreign exchange reserves; the currency freely exchangeable within the territory and its restrictions; procedures for obtaining payments in foreign currencies; the countrys record on honoring(兑现、支付） payment obligations including delays;
24、the type of L/C used in the country; the applicable tax laws; restrictions on remittance（汇付、汇款） of the final payment; regulations on the payment of customs duties; other fees concerning the contract, etc. (5)Infrastructure and logistics system(基础设施和物流系统）：the availability of labor and materials for c
25、onstruction in the territory;the availability of finding competent and financially sound sub-contractors; restrictions on import of labor, material and plant(工厂, 车间, 设备);local logistics problems relating to transportation.(6)The counterpart(谈判对手）: information about your opponent party is equally or
26、even more important. Learn as much as possible about the team members of the opponent party in the aspects of abilities, weaknesses, strong points, hobbies, personalities, etc. More information about your opponent company is necessary, such as its business scope, annual sales volumes, and credit. (P
27、46 3 Cs- character资信, capacity偿债能力, capital财务状况 )3C来源The counterparts credit-worthiness is determined by previous loans and by his standing with credit rating bureaus.Such information can also be gained fromfinancial institutions,primarily from banks.Capital,the financial position of the counterpart
28、 is determined by checking the counterparts financial statements,chiefly balance sheets and profit and loss statements.3.Information Source(1)International Organizations国际组织United Nations Statistical Yearbook 联合国统计年鉴United Nations Conference on Trade and Development 联合国贸易与发展会议The World Atlas publish
29、ed by the World Bank世界银行发表的世界地图集International Monetary Fund 国际货币基金组织The Organization for Economic Cooperation and Development（OECD）经济合作与发展组织(2)Governments政府 (3)Service Organizations服务组织(4)Directories and Newsletters时事通讯与指南 (5)On-line Service在线服务4.Analyzing Information Feasibility Study(可行性研究）5. Fina
30、lizing the Strategies and Techniques2.Selecting team membersCommercial(商务方面）：responsible for the negotiation on price, delivery terms， and commercial policy(商业政策)of risk taking. Technical(技术方面）：responsible for specifications, programs,and methods of work.Financial(财务方面）：responsible for terms of paym
31、ent, credit insurance (信用保险) , and financial guarantees. Legal(法律方面）：responsible for contract documents,terms and conditions of contract, insurance, and legal interpretation.Interpreter(翻译人员）:familiar with the foreign language needed as well as with related knowledge and good at cooperating with oth
32、er personnel. How to Be a Chief Negotiator?1.Responsibilities:Panel set-ups (selection, assignments, etc.)Coordinating the strategy, tactics, styleFinalizing the negotiation plan2.Personal requirements:Self-control and self-confidence3.LeadershipLoyalty is essential (ethics道德规范). (ethnics伦理学, 人种学)Planning, Organizing, leading, controlling.Qualifications for InterpretersKnow who you are ( position in the panel )Familiar with all info. and panel members
