PERSPECTIVE ON MULTICULTURALISM

PERSPECTIVE ON MULTICULTURALISM

1. the paper aims to highlight the main aspects of negociation of contracts within the international environment, the multiculturalism being an important factor of influence in this process of negociation.

   • Negotiation of contracts in the international environment
     • The process of negotiating a contract in the international environment is visible in the field of international trade. International trade is not identical to international trade commercial law.
       • The latter refers mainly (but not exclusively) to the unified regulations of the law. that apply in international trade relations, international jurisdiction or material and conflict laws that apply to business relationships with foreign elements.
         • Secondly, starting from these premises, from the point of view of those who act in international trade, “negotiation represents the treaties, discussions and bargaining of both parties in order to reach an agreement in business transactions”
         • Third, doctrine stated that negotiation can be seen as an instrument, from the point of view of the result it aims to achieve, as it appears as “a system of decisions by which the partners reach an agreement, instead of acting according to a unilateral will
         • Furthermore, given that negotiation is a process and not a stricto sensu legal act, it entails an action (or a series of actions) with the purpose to concluding a contract.
     • In international trade, the situations in which an offer to contract is followed by a complete acceptance of the offer without amendments are rather rare.
   • The culture of parties in the negotiation of contracts
     • previously shown, the basic component of any negotiation is communication between parties, communication which is influenced by a series of factors. Thus, doctrine stated that “the culture of the participants proves to be one of the most powerful factors which can stimulate or impair on the process of negotiation and the results of negotiation
       • The cultural models of negotiators are different on a larger or reduced scale and they have a direct influence over the legal elements of each negotiation process, be it pre contractual or occurred during the execution of a contract, in order to adjust it or in order to solve a conflict between the parties.
       • maintaining an inflexible position in any of the two situations described above can’t benefit any of the parties, as they must find a solution for the good execution of business, since the interests of equal and productive trade are far more important than political interests or cultural differences.
       • In this context, we can see that the contracting parties attempt to overcome the barriers generated by different cultures, by acting based on the principle of good faith.
       • One of the first aspects influenced by the culture of the parties in the negotiation process is that of the law which applies, an aspect which derives from the principle of legality.
         • A second aspect which must be considered is the one which regards the type of clauses used by the parties in their contract, namely if these are standard clauses or negotiated clauses.
         • These standard clauses must not be confused with the other clauses of a contract, such as a clause which refers to one of the INCO Terms rules, without quoting the content of that certain rule, for, as long as the parties understand to use that rule, its content is presumed to be known to both parties
   • Considering the above stated specifics, we believe that international commercial negotiation can be defined as that lato sensu precontractual phase which contains a process of debate and treaties with the purpose of achieving mutually beneficial results of both parties, results which would materialize by concluding a contract and executing it in the established terms