ASIAN COMMERCIAL NEGOTIATIONS

LAW5JVL

Not currently offered

Credit points: 15

Subject outline

In this subject, students will learn the fundamentals of Asian commercial negotiations with particular reference to joint ventures between USA domiciled corporations and their SE Asian joint venture partners. The subject will cover choice of law and forum selection issues, the creation of onshore wholly owned subsidiaries including the tax treatment of such entities under double tax agreements, the use of special purpose vehicles, the mechanics of a typical joint venture agreement, the difference in cultural biases, mindsets, and choices that lawyers should take into account when advising joint venture clients, assessing the position of other commercial partners, and framing of economic and legal issues, negotiating a joint venture agreement in a cross-cultural context with special focus on the participating interest clause and dispute resolution with reference to the most common problems encountered in joint venture agreements.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorGordon Walker

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

PrerequisitesN/A

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Graduate capabilities & intended learning outcomes

01. Be able to describe choice of law and forum selection issues, and the creation of onshore wholly owned subsidiaries

Activities:
Lectures and problem solving activities.

02. Be able to identify the fundamentals of Commercial negotiations in Asia

Activities:
Lectures and seminar discussion

03. Distinguish the most common problems encountered in joint venture agreements.

Activities:
Team presentation/scenarios on Asian commercial negotiations

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Subject not currently offered - Subject options not available.