By: LatinAlliance
This article seeks to make the reader reflect on a topic that every day acquires greater relevance and deserves the attention of international trade actors, namely, how to effectively negotiate an international contract.
The development of communications and the advancement of technology have allowed a high percentage of businesses to be closed today through simple email exchanges and without further formalities. It is precisely here, where the issue acquires particular relevance.
For a negotiation to be effective, the following must be taken into account in the negotiation process:
- TO.- It is understood that this exchange of emails produces a contract with legal ties and in case of conflict the jurisdictions of the common courts of the countries of nationality of the parties and eventually those of a third country come into play.
- B. - That it is necessary for the actors to apply adequate protocols, which allow them to have the terms of the contract clearly and precisely documented, in order to effectively manage the conflict. Without adequate proof it is not possible to argue.
- C.- That the possibility of conflicts be anticipated and that appropriate mechanisms be used that can fulfill the function of establishing the way in which the conflict will be resolved or dissuading negotiations between the parties to resolve it.
Proper management of this last aspect not only helps nurture business relationships, maintain the name of the company, but also its competitiveness.
Thus, the businessperson and international trade actors should focus on familiarizing themselves with alternative means of dispute resolution, in particular international arbitration, in order to use it when it is not possible to resolve the conflict through negotiation between the parts.
International commercial arbitration is the natural way to resolve conflicts in international business, whatever their nature.
Why? Because it avoids a tedious and long discussion about which country related to the parties and/or the business has jurisdiction to resolve the conflict; prevents the conflict from having to be resolved in common courts that are not friendly, whether due to language, cultural aspects, transparency issues, among many others; It has a more flexible procedure, it allows the conflict to be resolved by a court made up of experts in the subject to be resolved and it is normally resolved in a shorter period of time than it would be resolved in common courts.
There are many tools available to train on the subject but you have to start by internalizing that it is a necessity to do so.