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.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Gordon Walker

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 5 - Masters

Available as Elective: No

Learning Activities: N/A

Capstone subject: Yes

Subject particulars

Subject rules

Prerequisites: N/A

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

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
02. Be able to identify the fundamentals of Commercial negotiations in Asia
03. Distinguish the most common problems encountered in joint venture agreements.
Subject not currently offered - Subject options not available.