Curriculum Guide · Courses
Pre-Negotiation Strategies for Cross-Border Transactions
Professor Chang Turkmani
LL.M Course 741 (cross-listed) | 2 credit hours
As economies globalize and organizations increasingly form cross-border relationships, there should be more focus on problems facing legal practitioners caused by cross-cultural differences. While international transactions comprise of distinct phases, the aim of this course is to explore the importance of pre-negotiation phase of international transactions. The legal training in the United States tend to devote far too little time and attention to the pre-negotiation phase than most of our counterparts from other countries. American lawyers generally want to “dispense with the preliminaries” and “to get down to cases” at the negotiation table. For seasoned lawyers and executives, however, this phase of Pre-negotiation is the most important stage to determine whether they want to negotiate at all and, if so, what they will talk about, and how, when, and where they will do it. Without a proper Pre-negotiation phase, one may not get to that negotiation table, let alone explore any dispute resolution mechanisms.
First class attendance is strongly encouraged.