国际商务英语谈判Chapter 10International Business Contract.ppt

International Business Contract Chapter 10 understand types of Business Contract Learning Focus understand drafting, signing and enforcing the contract master the implementation of business contract master the settlement of disputes Section I An Introduction to International Business Contract 1、What is the business contract? A contract, in the broadest sense, is simply an agreement that defines a relationship between one or more parties. A business contract, in simplest terms, is just an agreement made by two or more parties for the purpose of transacting business Section I An Introduction to International Business Contract 2、Why should the contracting parties define their mutual understanding in contractual and written form? Because two or more contractual parties have potentially adverse interests, and the contract terms are usually supplemented and restricted by laws that serve to protect the parties and to define specific relationships between them in the event that provisions are indefinite, ambiguous, or even missing. Section II Procedures of Business Contract Negotiation 1、Before signing the contract, how could we review and understand every term? First read it to become familiar with organization of the provisions. The next review should include a comparison with the terms that have already been negotiated and with which there is an oral agreement. On the third review, consider whether the contract defines every aspect of the relationship that is intended in terms of the practices in the industry and in one’s own particular business. Finally, always be certain that the legal and business issues common to all international contracts have been covered. 2、How to draft a business contract successfully? Drafting the contract provisions should be as clearly as possible. The more definitive the terms, the fewer the disputes. Use very precise language. In addition, one should review one’s contract from the point of view of the