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2019-2020-2《国际商务谈判（英）》期末考试



小组成员得分

（请按照小组成员人数增减行数）



Part B

姓名

学号

角色

得分











条件框架图（20）

文字方案

（30）

谈判

（50）

总分

（100）





1

张天齐

***

总经理













2

储兆甜

***

市场总监













3

汤某某

***

财务总监













4

周格格

***

法务总监











条件框架图（中、英）







文字方案（中、英）



Steel Trade Warehouse Receipt Pledge Loan Negotiation

Taking Party B an example Total words:2018

Basic knowledge of international business

Guarantee law of the People’s Republic of China

The Regulations about the Pledge of Movable Property and Related Operation Procedures

Property Law of the People’s Republic of China

Bankruptcy Law of the People’s. Republic of China

SWOT Analysis

1. Main ideas

Party A

Party B



S

Good reputation, to return the loans of Company A as scheduled

Has the actual control of steel

The loan pledge contract signed with Shangtai Company has loopholes, which is a bargaining chip.

Has liquidity and shows a positive attitude

The loan pledge behavior has not subjectively damaged the interests of Shangtai Company

As the pledgee, Shangtai Company take the initiative.

Social opinion, morality and industry practice are favorable to Shangtai. Company.

Shangtai Company can urge Yedu Company to sell rebar as soon as possible in order to get money back.

Two of Yedu Company Borrowing behavior is deliberately suspected of fraud.



W

Steel price falls sharply

Has difficulties in loaning from financial institutions.

Two loan actions are considered to be in violation of Article 64 of the Guarantee Law of the People's Republic of China

Need to repay the principal and interest within a reasonable range to Shangtai Company according to the law

Not own the actual control of rebar.

Due to imperfect pledge loan agreement and operation loophole, the movable property pledge contract may not be protected by law.

Lending behavior between enterprises may not protected by law.

Subject to the economic condition of Yedu Company and the contract regulations, it is difficult for Shangtai to require the payment in advance.



O

Steel prices may rise.

The cooperation with Company A proves that there is no incentive to repudiate a debt, which can be used to obtain favorable conditions for repayment.

Has recoup funds.

There are loopholes in the pledge operation of Shangtai Company. Yedu Company can make use of this opportunity to persuade Shangtai to make reasonable concessions on repayment

Asks for joint supervision of the goods.

Handle the transfer procedures of the actual control of the goods timely for possible future court issue.

Put the promise of Yedu Company and the penalty for delaying debt repayment into this negotiation agreement.

Put pressure on Yedu Company through social opinion relationship in the industry.



T

Facing bankruptcy risk

If the negotiation breaks down, Shangtai Company may attack Yedu Company in public opinion, which will make a negative impact on Yedu Company's image and reputation in the industry.

Yedu Company is obliged to cooperate with the transfer of ?the actual control of rebar in accordance with the relevant provisions of the Guarantee Law.

If the case is brought before the court, the judgment of the court is uncertain.

The price of rebar declined sharply, Yedu Company is financially tight and may not repay the loan on time and pay the originally agreed interest.

If Yedu Company is forced to file for bankruptcy, according to Bankruptcy law of the people’s. Republic of China, Shangtai Company can only get 8% of the total amount owed.

The authenticity of the funds returned needs to be confirmed.





2. Comprehensive Analysis

For the purpose of recovering the company's interests, Shangtai Company urged the Yedu Company to repay 33 million yuan as soon as possible in order to avoid further deterioration of the steel market and make it more difficult to recover the arrears.The focus of the negotiations between the two companies is on the repayment period, interest, repayment methods and re-pledge.Shangtai Company should be tough and try its best to make Yedu repay as soon as possible. If Yedu Company requests an extension of the repayment period, Shangtai Company must increase interest in accordance with the agreement, in this way to maximize the recovery of the company’s losses.

Shangtai Company should pay close attention to and emphasize the special position of its pledgee, occupy the high ground of jurisprudence, and use the identity of the pledgee to request Yedu Company to repay as soon as possible.

Yedu Company also strives to extend the repayment time and reduce the repayment interest.

Specific negotiation plan

The core point of negotiation

To determine repayment period (Shangtai company wants it to be sooner)

To negotiate the payment interest (Shangtai company wants it to be higher)

To discuss the exact amount of each installment

To analyze whether there should be a re-pledge or other workarounds

No matter what happens, Shangtai Company must return all loans as soon as possible. The issues to be considered are the initial payment amount, the deadline of balance payment, the amount of each repayment and the interest rate of the repayment . On this basis, Shangtai must use "transfer of pledge rights" and "holes caused by Yedu's negligence in borrowing and pledge" as its bargaining chips, and make every effort to advance the repayment date and increase the repayment interest.

Negotiation objectives (optimal, sub-optimal, and baseline) and the corresponding conditions

Optimal scheme: To pay 65% for the first time at the annual rate of 7%, sell the steels in 3 months, and deduct storage costs of two months.

Sub-optimal scheme: To pay 70% for the first time at the annual rate of 8%, sell the steels in 2 months, and deduct storage costs of one months.

Baseline scheme: To pay 80% for the first time at the annual rate of 9%, sell the steels in 2 months, and deduct storage costs of one months.

In this case, the first repayment is more important for Shangtai. The first repayment is equivalent to blindly strong medicine, which can reassure Shangtai Company, so the first repayment in the negotiation is more important. For Shangtai, the best case for their first repayment should be 80%. Under this premise, Shangtai Company also hopes that Yedu Company will release the steel as soon as possible. The best time for this is two months. In terms of interest rates, Shangtai Company is a creditor. In view of the continuous decline in the steel market, the interest rate has been reduced to 9%. This is the best situation. Shangtai Company occupies the right place and the people are harmonious, and successfully recovers the arrears. But the facts are often not so smooth. If Yedu Company cannot pay 80% of the arrears at one time, then Shangtai Company can appropriately reduce the down payment to 70%. Then, correspondingly, without prepayment date, we To increase the amount and interest rate of instalments, the interest rate is increased to 12%, and the company's interests are safeguarded to the greatest extent by way of compromise. If the situation develops to the worst situation, the down payment that Yedu Company ’s cash flow can only repay accounts for only 65% ??of the total debt, which means that their operation is already very bad. The speed of repayment, given three months, while the interest rate was raised to 15%, in order to reduce the loss of Shangtai.

Concession plan

To share the costs of storage and personnel management

To transfer part of the ownership of steel to Shangtai Company

If Yedu Company requests to extend the repayment time, Shangtai Company needs to increase the first repayment ratio, and further increase the interest, reduce the deducted storage costs, and make it more profitable to our own company.

The premise of this negotiation is a fierce conflict of interest between the two parties, and the needs of both parties cannot be met, so it is necessary to prepare concession condit 内容过长，仅展示头部和尾部部分文字预览，全文请查看图片预览。 下。并不是***单方面的错误，更谈不上欺诈。为了双方的利益，也为了让***放心，***可以将一部分的钢材质押权直接转让给***作为筹码。自己则尽快将钢材变现，同时要求延长还款时间并且降低利率。

冶都以破产为理由请求降低首付

***面临破产风险，这是双方都不想遇见的情况，因此，***希望得到***的理解和帮助，要求降低还款首付。***知晓这一情况，因此更加质疑***的还款能力。***则需介绍自己的新项目与回笼资金的情况。***申请延长还款日期，以新项目作为还款的筹码，***因此增加了还款的利率，同时延长了还款时间。

冶都以良好信誉请求***信任与延长时间

***指出，本公司与A公司进行合作时没有赖账的行为，更没有欺诈的动机，以此进一步证明***是讲信誉***。***希望***予以信任和帮助，让***有足够的机会执行新项目，筹备得更多的款项，有利于双方的共同利益。在这次的艰难大环境下，假如***最后坚持了下来，此后会与***长期友好的双赢合作。***考虑到***的方案具有实施性，在答应延长还款期的同时增加了还款利率。



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