Getting to Yes in International Negotiations

1
Getting to Yes! in International Negotiations
Culture and Choice of Law
James J. Casey, Jr., J.D. Director of Contracts
and Industrial Agreements 210.458.7814 james.casey
_at_utsa.edu
2
Role of Culture Cultural Differences

• Cultural differences are a primary driver in why
  international agreements are challenging.
• International agreements require nuance and tact
• Recognizing cultural differences are key, but
  without resorting to stereotyping (but those are
  out there!).
• Cultural differences can dictate speed, tone, and
  level of flexibility in negotiations.
• Regardless of differences, the question is What
  is the Goal? Keep your eye on the big picture!

3
Cultural Differences (Continued)

• Therefore, the Ultimate Goal transcends cultural
  differences. Cultural differences are to be
  understood, but keep your eye on the prize.
• The GUIRR International Research Collaborations
  Project recognizes this fundamental fact
• www7.nationalacademies.org/guirr/
  International_Research_Web_Update.html
• International Neighborhood http//www.ncura.edu/c
  ontent/regions_and_neighborhoods/neighborhoods/int
  ernational/index.php

4
Choice of Law

• Choice of Law Contract provision dictating
  which jurisdictions law should control (for
  resolution) in the event of dispute.
• Why is CoL important? It helps delineate venue
  (location) and the substantive law that may be
  needed in the case of dispute.
• Historical CoL principles in American Law 1) lex
  loci contractus (where the contract was made)
  and 2) lex loci delicti (place of the
  wrong/injury).

5
CoL (Continued)

• Modern approach Most significant contacts
  between the parties and other public policy
  considerations.
• In Sum It is critically important to be clear up
  front.
• This reflects an important conclusion re
  international negotiations It is not enough to
  understand your negotiating posture, fall back
  positions, and legal clauses. You have to
  understand the context (academic-university-govern
  ment) of international contracts.