Internationalization of an Enterprise
Module 4
Drafting International Sales Contracts
Prof. Christopher Bisping, Michael Friedman
Sales contracts are the backbone of international commerce. The course addresses what considerations parties have to take into account when drafting international contracts. The course consists of two parts: An introduction to the legal regulation of sales contracts and how to negotiate them.
In the law part, the statutory background of the CISG and selected other jurisdictions will be explained, and the need for contractual regulation will be evaluated. Topics covered are the role of the relevant statutory background and its determination (choice of law), problems of contract conclusion and inclusion of standard terms, description of the goods and examination duties, INCOTERMS, regulation of remedies in particular penalty clauses, regulation of changed circumstances, the Model Sales Contract by the ICC, special problems of more complex contracts.
Negotiation is omnipresent in virtually all legal and corporate arenas. In transactional settings, an appreciation of negotiation dynamics is essential not only for achieving a favorable contract, but also for creating an atmosphere conducive to an enduring (successful) business relationship. The negotiation course will present some of the basic practical and theoretical considerations encountered in two-party negotiations. Working alone or as pairs, students will conduct a number of simulated negotiations (case studies) which are designed to illustrate key principles and provide a basis for discussion and comparative consideration of the effectiveness – or ineffectiveness – of various strategies and tactics. Particular emphasis will be placed on introducing students to various conceptions of the negotiating process (including the impact of individual bargaining styles) and practical considerations in respect of distributive and integrative negotiation.
The assessment will bring both parts together and require students in groups to negotiate and draft a sales contract.
International Taxation
Assistant Prof. Dr. Barbara Stage
The aim of the course International Taxation is to build and deepen the understanding of the influence of taxation on multinational corporations and firm decision making. The course content covers national and international tax aspects, yet it focuses on taxation of globally active companies from a multinational perspective. We will in particular apply concepts of international taxation to business decisions. The course covers, for example, the treatment of foreign profits, tax treatment of branches and subsidiaries, cross-border financing of companies, anti-avoidance rules, and transfer pricing. The main focus relates to the economic consequences of taxation on business decisions, tax planning, tax avoidance, and the interaction with tax authorities. The course discusses practical problems and business decisions using case studies.
International Trade and Investment
Prof. Dr. Natalia Ribberink
The course provides an introduction to international trade and investment, with a specific focus on international trade policy and instruments, major forms of international trade as well as theories and forms of foreign direct investment (FDI), respective government policies and instruments, and their business implications.
