Proactive Contracting in International Trade (5cr)

Evaluation scale

H-5

Objective

The aim of the course is to provide to introduce the proactive contracting approach in international trade, learn about the basic contracting processes and learn basic negotiation skills.

Accomplishment methods

The course is an interactive Monday-Wednesday classroom course of 2,5 days (Monday 9-17; Tuesday 9-17; Wednesday 9-12).
The course comprises of pre-reading materials before the course, lectures, group work, presentations and negotiation exercises. As the course exam will be held on the last day on the course, it is recommendable to read the materials before the course the gain the best benefit from the course, even though the exam will be an open-book exam. The test will be a multiple choice test.

Content

Students learn about the proactive approach to contracting and international trade as well as the basic contracting processes. More importantly, the students learn the basic negotiation skills based on the Harvard Negotiation Project and principled negotiation.

Location and time

Monday
9-12 Introduction to proactive contracting
9.15 Opening
9.20-10 Introductions of the teachers and students, students’ expectations for the course
10 Introduction to proactive contracting
11 Similarities and differences between a proactive contract lawyer and a traditional business lawyer + group/pair exercises
12-13 Lunch
13-17 Introduction to international trade, corporate life, and basic contracting processes
13 Corporate life – working in a large international enterprise or a global corporation (versus a small or medium size company) – why the proactive approach becomes important in an international trading environment
14 – 16.30 Introduction to basic (proactive) contracting processes, group work and exercises
16.30-17 Questions & Answers and wrap-up of the day

Tuesday
9-12 Introduction to the Harvard Negotiation Project and the Principled Negotiation
9-10 The Harvard Negotiation Project and pair exercises
10-11 The Principled Negotiation versus traditional positional bargaining and pair exercises
11-12 Group work and presentations
12-13 Lunch
13-16.30 The principled negotiation continues, with group work, presentations and negotiation exercises in pairs and in groups.
16.30-17 Go-through of the key take-aways from the course so far

Wednesday
9.15 -9.45* Questions and answers
9.45-10 Break
10.00-11.00 Multiple choice test exam – open book
11-11.15 Go-through of correct answers
11.15-11.30 Student feedback
11.30-11.55 What was the most important thing/new thing you learned on the course; wrap-up
11.55-12 Closing (+ availability for personal feedback after the course)

Materials

Tim Cummins: Strategic contracting as a source of organizational success https://doi.org/10.1177/2055563615579585

Roger Fisher, William Ury, Bruce Patton: Getting to Yes. Negotiating an agreement without giving in.

https://search.worldcat.org/en/title/773612511

Suvi Hirvonen-Ere (2022). Business contract design via contract management operationalized methodology. In Research Handbook on Contract Design (pp. 294-313). Edward Elgar Publishing. (please see attached. Available also via the Aalto University library as an e-publication; unfortunately the platform only supports one reader at a time)

Assessment criteria, approved/failed

Pass/fail

Qualifications

BA, International Sales Law recommended but not necessary

Further information

Lecturers: Suvi Hirvonen-Ere and Soili Nystén-Haarala