Professional Documents
Culture Documents
INTERNATIONAL BUSINESS
NEGOTIATIONS: A STRATEGIC
PLANNING MODEL
Dr Farouk I. Heiba Professor of Marketing/International Business, and Director of
International Marketing Council, College of Business, San Diego State University, San
Diego, California 92182 - U.S.A.
Autumn/Winter 1984
INTERNATIONAL BUSINESS NEGOTIATIONS 7
the confrontation of explicit proposals that art of politics and the concepts of social
distinguishes negotiation from tactical bar- science, can become as important, or even
gaining and other types of conflict behaviour more important, to the success of an invest-
(Ikle, 1967).10 ment venture negotiation as hard-headed
In discussing certain proposals, the nego- technical and financial calculation or a care-
tiating parties make some moves - those of fully prepared legal and administrative basis
tactical bargaining - to strengthen their posi- for an overseas organization (Williams,
tion and weaken that of the opponent or to 1965).16
influence the outcome in various ways
(Kapoor, 1971).11 III. Characteristics of Business
Negotiation does not necessarily lead to Negotiation in the Third World
explicit agreement on all points; in fact, A very limited number of decision-makers in
agreement may be reached on only some of Third World countries have sufficient
the explicit proposals being negotiated. Even comprehension of economic/business issues
then agreements vary widely in their degree largely because their career orientation has
of specificity and in the extent of disagree- been in other areas such as politics, the mili-
ment which remains. The outcome of negoti- tary, civil administration and foreign rela-
ations is more than just an explicit agreement tions. Usually, top management executives
(Kapoor, 1971).12 have a very limited understanding of the
The negotiation process includes strategies non-economic forces influencing government
and tactics expressed within a broader frame- actions and policies. Consequently, host
work of interactions between groups with government officials and those executives
both common and conflicting interests. Each experience serious problems of communi-
group has its own concept of what is "right," cation with each other and, in turn, key deci-
"reasonable," or "appropriate" in negotia- sion-makers are suspicious of the motives
tions; also each group has its own expecta- and methods of businessmen (Kapoor,
tions of the likely response of an opposing 1970).17
group to an issue, event, or mood (Schelling, In such a situation, the negotiation process
1960).13 between foreign investors and host
A negotiator's expectations or the response governments in the Third World is often
of opposing groups are determined by his coloured by mutual distrust and suspicion.
own "self-reference criterion," i.e., "the Therefore, negotiations take time, and the
unconscious reference to one's own cultural foreign investor has to attempt to reduce the
values" (Lee, 1966).14 Foreign countries, fears of the host government decision-
especially in the Middle East, are compared makers.
to the United States and judged according to Thus, to avoid the negotiating parties'
American standards. The larger the variation "xenophobia" (Third World host countries'
in habits, culture and business conduct fear of foreign investors due to their back-
between a foreign country and the United ground of colonialization experience and the
States, the stronger the subjective uncer- MNE fear of host governments' uncertain
tainty (Aharoni, 1966).15 policies of nationalization and other political
International business negotiations take risks), and to cope with the lack of experience
place within a broader framework than in international business negotiations, a new
domestic negotiations. This, in terms of the model for international business negotiations
is needed. This new model systematically systems or the ideological aspects of a culture
organizes such negotiations to the benefit of refers to the ways of looking at life - philoso-
the involved parties, as well as maximizes phical, tenets, religious beliefs, and rules of
the positive and minimizes the negative behaviour. Values are beliefs upon which
aspects of international business people build their lives (Terpstra, 1983).20
negotiations. Each individual's perception of the world
However, before introducing such a new around him is to some extent viewed through
model for international business negotia- his enculturative screen. To the ancient
tions, it is important to familiarize the reader Greeks, to the Chinese, and to most other
with the environment where these negotia- known people, one's own culture and values
tions take place. Some variables of that were taken as the standard against which all
environment have, indeed, more influence in others were judged. This ethnocentric
deciding the direction of such negotiations mentality still characterizes the behaviour of
than the negotiators themselves. Some many people (Murdock, 1969).21
environmental determinants are discussed in In Latin America, for example, it is
this paper in two basic groups, namely: 1) important that each negotiator show an
sociocultural determinants, and 2) economic- interest in and concern for others' family
political determinants. Other environmental before discussing business. The American
determinants are out of the scope of this executive who charges into a discussion of
paper. business without realizing this perfectly legit-
imate cultural difference is not going to have
IV Environmental Determinants of much success in those countries.
International Business Negotiations In any Japanese delegation, it is usually the
A. Sociocultural Determinants oldest member who does all the talking at the
conference table, the other members having
Values Systems expressed themselves in earlier, private
When American executives travel to Third discussions. But when they sit across the
World countries to negotiate business, they table from an American delegation where
are frequently shocked to discover to what everyone presents their opinion, there is an
extent the many variables of foreign immediate cultural gap which often results
behaviour and customs complicate their in little being achieved (Unterman, 1983).22
efforts (Hall, 1960).18 This is why it is so The Chinese cultural factors that affect
important for American and other Western negotiating style with Americans are national
businessmen to truly understand the various pride and interest. The Chinese stress
societal aspects and cultural values they patience, general trust, and ethical and moral
usually face when negotiating business over- principles; whereas, Americans tend to be
seas, if they are to achieve any successful highly legalistic. The Chinese also try to
ventures. Value systems affect many human influence negotiation processes by shaming
aspects that are important in shaping the practices. This permeates Chinese relations
society's economic behaviour and perform- with others reflecting their cultural values
ance. The study of different cultural values and traditional belief that others can be
indicates that an act considered right in one controlled by shaming them (Pye, 1982).23
society may be repugnant in another (Brislin, Scandinavians like to have plenty of space
Bochnernad & Lonner, 1975).19 Value around them when they talk with people;
Autumn/Winter 1984
INTERNATIONAL BUSINESS NEGOTIATIONS 9
some Middle Eastern people like to stand countries (Turner, 1973). A few years ago,
close. None of them is "right" or "wrong"; a suit was brought against the McDonnell-
they are just different. Yet, while lip service Douglas Corporation by the American Securi-
is often paid to the understanding of these ties and Exchange Commission for bribing
differences, they are rarely accorded the airline officials. Interestingly, a company
necessary respect. spokesman said, "It is management's belief
that McDonnell-Douglas simply conformed
Personal Contacts to local custom" (Aviation Week, 1979).24
American executives and other Western From a moral and ethical point of view, it
investors know by their experience that to is more important, when Americans negot-
facilitate their business negotiations, they iate or do business overseas, to do the "right
should, at a price, communicate sometimes thing" rather than to do things right.
with people who make things happen and
who have good contacts with key officials. Patterns of Negotiation Agreements
Otherwise they have to wait, sometimes long American businessmen should know the
waiting, just to meet certain decision-makers rules for negotiating agreements in Third
in order to negotiate business. Once, in World countries. Even if they cannot be
Egypt, for example, an American busi- expected to know the details of each coun-
nessman wanted to open an office in Cairo try's commercial legal practices, just the
and ordered telephones to his office and awareness of and the expectation of the exist-
house. He discovered that the regular ence of differences will eliminate much
waiting list would be more than two years. complication.
He called the Minister of Communications in These days, no Americans will conduct any
Egypt and asked him if he could, based on business without some written agreement or
the nature of his business, get a telephone contract. In the Arab world, however, once
immediately. The Minister replied that the a man's word is given in a particular kind of
soonest time would be at least a month. The way, it is just as binding, if not more so, than
American businessman contacted one of most American contracts. Informal patterns
those who makes things happen for a price and unstated agreements often cause unto-
and he got his telephone the second day. ward difficulty in a cross-cultural situation.
In Third World countries, personal contacts It is difficult for American executives to
have more effect in speeding negotiations adjust their frame of reference to the fact that
and related business than in bureaucratic what constitutes one thing to them is some-
systems. thing entirely different to the Arabs. For
Personal contacts are, however, considered example, a critical factor in business negotia-
part of international bribery. In many coun- tions is whether the Americans bargain at the
tries bribery has been, and still is, an accept- beginning of any business deal or at the end
able way of doing business, but is illegal in of the deal. As a general rule, in the Middle
the United States. The use of illegal payments East, one cannot bargain at the end of a busi-
has become a proper and ordinary method ness deal. If he does not bargain at the begin-
of business by many American and Western ning, a native businessman is entitled to
companies. This is because they believe that a whatever he asks for (Hall, 1960).25
flat and righteous decision not to bribe many One of the greatest difficulties American
make it impossible to do business in some businessmen have in Third World countries
International Marketing Review
1 0 INTERNATIONAL BUSINESS NEGOTIATIONS
comes from the fact that they often think they identity stemming from a common
have a commitment when they do not. The community, history, language, religion, race,
Americans' failure to recognize binding obli- or ideology, nationalism is the emotional
gations, plus their custom of setting organiz- cement which binds a people together to
ational goals ahead of everything else, has make a nationality. It is marked by loyalty
put them in hot water far too often (Hall, and devotion to a nation exalting it above all
1960).26 other nations. Nationalism often carries an
The cure for ignorance of the social and antiforeign bias and injects an emotional
legal rules which underlie business agree- energy into international relations, bedevi-
ments is not an easy one. This is because the ling cross-national communication and
subject is complex, little research has been inciting governments to behaviour that can
conducted to determine the different cultural undermine the achievement of their own
concepts of what is an agreement, the people economic and political objectives (Root,
of each country think that their own code 1978).28
is the only one and that everything else is Nationalism influence is most apparent in
dishonest and, finally, that each code of Third World countries, expressed, for
conduct is different from the American code example, in the prevalence of protest against
(Hall, 1960).27 "neo-economic colonialism." But it also
seems to be a factor even in industrialized
Publicity vs. Secrecy areas like Canada (Fayerweather, 1972).29 The
Foreign investment proposals are frequently popularity of J. Servan-Schreiber's The
accompanied by publicity. Publicity is a American Challenge (1968)30 suggests that it
major tool of negotiation. Frequently, parties may be a primary rallying attraction in
to a negotiation will purposely disclose emerging Pan-European nationalism. The
confidential information to strengthen their existence of nationalism has several impacts
bargaining position. However, in the Third on and implications for international busi-
World publicity should be avoided at least ness executives and negotiators as follows:
until a final agreement has been reached (1) In commercial policy, developing coun-
between the foreign investor and the host tries of the Third World generally place
government. A major influence on internat- great emphasis on policies of substitu-
ional business negotiation in the Middle East ting domestic production for imports;
is the ability of different participants to keep (2) In almost all developing nations, there
their deliberations a secret. Any leaks of such is strong opposition to the direct
negotiations can lead to undesirable foreign investment and to the employ-
outcomes. ment of foreign personnel (Johnson,
1965).31
B. Economic and Political (3) American executives must not let their
Determinants own nationalism colour their business
programs; their task is to accomplish a
Nationalism business mission, not to carry the flag.
Nationalism in Third World nations is a (4) Americans are foreigners out of their
complex problem of increasing concern to country and may be victims of local
international business negotiators. When citi- nationalism, or xenophobia. A possible
zens of a nation share a sense of common strategy to avoid this might be to
Autumn/Winter 1984
INTERNATIONAL BUSINESS NEGOTIATIONS 1 1
Autumn/Winter 1984
INTERNATIONAL BUSINESS NEGOTIATIONS 1 3
management has to select the best entry types of criteria (for more details see: Root
strategy to the chosen foreign market. The (1982) and Terpstra (1983)]:35
alternative entry modes to foreign markets (1) Basic Criteria: Company objectives and
are: goals, resources/size, international
(1) Indirect exporting: EMC Trading Co., business experience, product line, tech-
Piggyback, etc. nology, commitment, competition, etc.
(2) Direct exporting: agent/distributor, (2) Strategic Criteria:
branch/subsidiary, etc. (a) Foreign country: infrastructure,
(3) Licensing and franchising. competition, investment costs,
(4) Contractual arrangements: technical/ profits, restrictive investment poli-
management contracts, service/consul- cies, etc.
ting, turnkey/constructions contracts, (b) Home country: Large vs. small
etc. markets, oligopolistic competition, restric-
(5) Joint ventures: binational, multina- tions on investment abroad, etc.
tional, etc.
(6) Wholly owned: new establishment, Stage II: Initial Negotiations
acquisition, etc. By completing Stage I, the two interested
The selection of an entry strategy which is parties, i.e., a foreign company (or multina-
considered the most appropriate one for a tional enterprise) and a host country, start
company's purpose should be based on two initial negotiations (Stage II) to do business.
The negotiating style, attitude, and experi- start from the beginning with different
ence of the two-party negotiators could strategy and/or different outlook. This
promote the negotiation to a further step, exit is usually followed if the extent of
i.e., Stage III, if it succeeds or leads to failure. expectation is excessive and the rejec-
If the initial negotiations fail, they should go tion is based on major conflicts.
back to Stage I for revaluation of the entry From the foreign company's (or multinational
strategy and for adjustment. enterprise) point of view, two outputs are
expected:
Stage III: Positive Continuous (1) Positive Outputs: If the outcome is posi-
Negotiations Processes tive, it will accept the proposal and
Stage III is the stage when each party starts to confirm the negotiation terms.
show interest and willingness to do business (2) Negative Outputs: If the outcome is
with each other. It is a positive step toward negative, it will reject the proposal and
negotiating an investment proposal. Each exit from the negotiation via the short
party will spell out his requirements, condi- or the long exits. The short exist to go
tions, constraints, legal aspects, etc. The back to Stage III to negotiate for closing
harder each party works, the more positive the conflict gap and to reconcile any
the negotiation becomes. This stage is the differences. The long exit to go back to
working mechanism of negotiating proposals Stage I to revaluate the whole situation
of common interest. and adopt a different strategy and new
negotiating style.
Stage IV: Expectation
On the completion of Stage III, the negotia- Stage V: The Final International
tion process enters a critical stage of expect- Business Agreements
ation, i.e., Stage IV. In this stage, the whole Upon the success of negotiation in Stage IV,
negotiation process destiny is decided either the two interested parties will finalize their
for success or for failure. This is because each international business agreement through
negotiating party begins to calculate for his legal documents and official contracts. Such
expectation of gains and benefits. legal documents explain each party's rights,
From the host country's point of view, if the responsibility, and other related issues. Each
economic and social expectations are party will become legally binding with the
perceived positively, i.e., desirable outputs, final agreement's terms.
and in accordance with its national priorities
of development, the host country will accept After Stage V: New Situations or
the investment proposal. But if the expecta- Expectations
tions are perceived as negative outcomes, the If a new situation or a new expectation occurs
proposal will be rejected. after reaching the final international business
In case of rejection, the host country has two agreement [due to unforeseen circumstances,
ways to exist from negotiation: e.g., coup d'etat, changing the ruling regime
(1) Short exit by going back to Stage III to (such as in Iran), the assassination of the key
negotiate for better terms. This exit is negotiator (such as in Egypt), bankruptcy of
usually followed if the rejection is the foreign company, etc.], the two inter-
based on minor conflicts. ested parties have to negotiate for the new
(2) Long exit by going back to Stage I to situation.
Autumn/Winter 1984
INTERNATIONAL BUSINESS NEGOTIATIONS 1 5
In such a situation, three possible expecta- Karrass, C. (1970), The Negotiating Power, New York:
Crowell Co.
tions can be projected as follows: Lee, J. (1966), 'Cultural Analysis in Overseas Opera-
(1) The new situation will not change the tions,' Harvard Business Review, March-April, p. 110.
current agreement. Thus, it will Llich, J. (1980), Power Negotiating, MA: Addison-Wesley.
Murdock, P. (1969), Cultural and Society, University of
continue on the same terms; Pittsburg Press.
(2) The new situation will cause minor Nierenberg, J. (1963), Getting Through to People, New
problems. Thus, it will go back to Stage Jersey: Prentice-Hall.
III (short exit) to reconcile any Pye, L. (1982), Chinese Commercial Negotiating Style,
Cambridge, MA; Oelgeschlager, Gunn and Hain.
differences; Raiffa, H. (1982), The Art and Science of Negotiation,
(3) The new situation will create a major Harvard University Press.
conflict, based on new perception or Rogers, C. and F. Roethlisberger (1952), 'Barriers and
Gateway to Communication,' Harvard Business Review,
disagreement of the entire negotiation July-August, pp. 158-162.
terms. Thus, it will go back to Stage I Root, F. (1978), International Trade and Investment, South-
(long exit) to find out what ought to be western Publishing Co.
—, (1982), Foreign Market Entry Strategies, New York:
done. AMACOM.
Schelling, T. (1960), The Strategy of Conflict, New York:
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Lyle Stuart. Weiner, M. (1962), The Politics of Scarcity: Public Pressure
Edwards, H. and J. White (1977), The Lawyer as a Nego- and Political Response in India, Chicago: University of
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Fayerweather, J. (1972), 'Nationalism and the Multina- Williams, S. (1965), 'Negotiating Investment in
tional Firm,' in Kapoor and Grub (eds.), The Multinational Emerging Countries,' Business Review, January/February,
Enterprise in Transition, Princeton, NJ: The Darwin Press. pp. 89-99.
Fisher, R. and W. Ury (1981), Getting to Yes, Boston:
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Graham, J. and R. Herberger, Jr. (1983), 'Negotiators
Abroad: Don't Shoot from the Hip,' Harvard Business
Review, July-August, pp. 160-168. Footnotes
Green, E. (1983), 'The Art and Science of Negotiation: 1. Yair Aharoni (1966), The Foreign Investment Decision
A Book Review,' American Bar Association Journal, April. Process, Boston: Division of Research, Graduate
Hall, E. (1960), The Silent Language in Overseas Busi- School of Business Administration, Harvard Univer-
ness,' Harvard Business Review, May/June, pp. 87-96. sity, pp. 45-46.
Hierenberg, G. (1968), The Art of Negotiating, New York: 2. Israel Unterman (1983), 'Negotiators are to be Diplo-
Hawthorne. matic,' The San Diego Union, August 6, 1983.
Ikle F. (1967), 'A Theoretical Model of Economic 3. Eric D. Green (1983), "The Art and Science of Negoti-
Nationalism in New and Developing States,' Political ator A Book Review,' American Bar Association
Science Quarterly, 80, June, pp. 169-185. Journal, April 1983.
Kapoor, A. (1970), 'Business-Government Relations 4. Carl R. Rogers and F. J. Roethlisberger (1952),
Become Respectable,' Columbia Journal of World Business, 'Barriers and Gateways to Communication,' Harvard
July/August. Business Review, July-August, pp. 158-162.
—, (1971), 'International Business-Government Negot- 5. Israel Unterman (1983), op. cit.
iations in Developing Countries' The Annual Meeting of 6. John L. Graham and Roy A. Herberger, Jr. (1983),
the Association of Asian Studies, Washington, D.C., March 'Negotiators Abroad: Don't Shoot from the Hip,'
29. Harvard Business Review, July-August, pp. 160-168.
7. Royce A. Coffin (1973), The Negotiator, New York: 19. Brislin, Bochnerand and Lonner (1975), Cross-
AMACOM; H. Cohen (1980), You Can Negotiate Cultural Perspective on Learning, Beverly Hills, CA:
Anything, New York: Lyle Stuart; Harry T. Edwards Sage Publications.
and James J. White (1977), The Lawyer as a Negotiator, 20. Vern Terpstra (1983), International Marketing,
MN: West & Co.; John Llich (1980), Power Nego- Hinsdale, IL: The Dryden Press, p. 108.
tiating, MA; Addison-Wesley; Chester L. Karrass 21. Peter Murdock (1969), Culture and Society, University
(1970), The Negotiating Power, New York: Crowell of Pittsburg Press.
Co.; Gerard I. Hierenberg (1968), The Art of Nego- 22. Israel Unterman (1983), op. cit.
tiating, New York: Hawthorne; Jesse S. Nierenberg 23. Lucian Pye (1982), Chinese Commercial Negotiating
(1963), Getting Through to People, New Jersey: Style, Cambridge, MA; Oelgeschlager, Gunn and
Prentice-Hall; Israel Unterman (1983), op. cit.; Hain.
Richard E. Walton and Robert B. McKersil (1965), 24. Aviation Week (1979), 'Committee Makes Progress on
A Beliavioral Theory of Labor Negotiations, New York: Questions of Illicit Payments,' January 8, p. 25.
McGraw-Hill; Tessa Albert Warschaw (1980), 25. Edward T. Hall (1960), op. cit., p. 92.
Winning by Negotiation, New York: McGraw-Hill; 26. Ibid., p. 93.
Roger Fisher and William Ury (1981), Getting to Yes, 27. Ibid., p. 94.
Boston: Houghton Mifflin; and Howard Raiffa 28. Franklin R. Root (1978), International Trade and Invest-
(1982), The Art and Science of Negotiation, Harvard ment, South-Western Publishing Co., pp. 4-5.
University Press. 29. John Fayerweather (1972), 'Nationalism and the
8. Howard Raiffa (1982), op. cit. Multinational Firm,' in Kapoor and Grub (eds.), The
9. John L. Graham and Roy A. Herberger (1983), op. Multinational Enterprise in Transition, Princeton, NJ:
cit., p. 168. The Darwin Press, pp. 339-353.
10. Fred C. Ikle (1967), How to Negotiate, New York: 30. J. Servan-Schreiber (1968), The American Challenge,
Praeger, p. 2. New York: Atheneum.
11. A Kapoor (1971), 'International Business-Govern- 31. Harry G. Johnson (1965), 'A Theoretical Model of
ment Negotiations in Developing Countries,' The Economic Nationalism in New and Developing
Annual Meeting of the Association of Asian Studies, States,' Political Science Quarterly, 80, June,
Washington, D.C., March 29. pp. 169-185.
12. Ibid. 32. In 1979 IMF accepted to give Egypt a loan on the
13. Thomas C. Schelling (1960), The Strategy of Conflict, condition that the Egyptian government would
New York: Oxford University Press, p. 15. change its monetary policy and discontinue the food
14. James A. Lee (1966), 'Cultural Analysis in Overseas subsidies to the masses. When the government tried
Operations,' Harvard Business Review, March-April, to implement this request, bloody violence, demon-
p. 110. strations, and strikes shocked the whole country.
15. Yair Aharoni (1966), op. cit., p. 94. 33. Myron Weiner (1962), The Politics of Scarcity: Public
16. Simon Williams (1965), 'Negotiating Investment in Pressure and Political Response in India, Chicago:
Emerging Countries,' Business Review, January/ University of Chicago Press, pp. 97-129.
February, pp. 89-99. 34. A. Kapoor (1971), op. cit.
17. A. Kapoor (1970), 'Business-Government Relations 35. Franklin R. Root (1982), Foreign Market Entry Strat-
Become Respectable,' Columbia Journal of World Busi- egies, New York: AMACOM, Ch. 1; Vern Terpstra
ness, July/August. (1983), op. cit., Ch. 10.
18. Edward T. Hall (1960), The Silent Language in Over-
seas Business,' Harvard Business Review, May/June,
pp. 87-96.
Autumn/Winter 1984