International Business Negotiation

Catalog description

This course is structured around a quarter-long, simulated negotiation exercise which provides an in-depth study of the structuring and negotiating of an international business transaction. This class will be taught in counterpart with a class at Berkeley Law School. Students in this class will represent a U.S. pharmaceutical company, and the students in the class at Berkeley will represent an African agricultural production company. The two companies are interested in working together to exploit a new technology developed by the pharmaceutical company that uses the cassava produced by the African agricultural production company. The form of their collaboration could be a joint venture, a licensing agreement or a long-term supply contract. The negotiations between the two classes will take place through written exchanges and through real-time negotiation, which will be conducted both in-person and via Zoom. The purpose of the course is to provide students with an opportunity (i) to experience the sequential development of a business transaction over an extended negotiation, (ii) to study the business and legal issues and strategies that impact the negotiation, (iii) to gain insight into the dynamics of negotiating and structuring international business transactions, (iv) to learn about the role that lawyers and law play in these negotiations, (v) to give students experience in drafting communications, and (vi) to provide negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party (here, the students at Berkeley). Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements. The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, working in teams,…