ABB is a global company with a leading position in power and automation technologies. Being active on a global market creates a high pressure to always develop the business and reduce costs in order to stay competitive. The purchasing function at ABB ́s unit Control Products is divided into a strategic- and an operative purchase department. The negotiated setups the strategic purchasers establish with the suppliers have been shown to affect the transport- and inventory costs that are charged to the operative purchase department. In order to determine whether more beneficial setups could be negotiated by including transport- and inventory costs when they are evaluated, this case study has been requested. Two master students from Linköping University have conducted the study and by investigating different setups, conclusions to answer the study ́s purpose could be drawn. The purpose is presented below. The study’s purpose is to recommend future guidelines for the strategic purchasers at ABB’s unit Control Products that can be applied when negotiating with suppliers, by evaluating purchase-, transport- and inventory costs. In order to investigate how the purchase-, transport- and inventory costs were affected by different setups, four different cases were defined. Each case included a specific article, which was chosen based on its properties and its current and alternative setups. The conducted literature reviews and interviews with employees at Control Products resulted in the two sub- criteria lead time and net price were defined as the most important ones when negotiating and evaluating suppliers. A combination of these sub-criteria was therefore used to choose suitable articles. Once the cases had been defined, the purchase-, transport- and inventory costs could be calculated for both their current situation and alternative setup scenarios. Theories from relevant researches were used to strengthen and criticised the cases’ results. Each case's result provided information regarding how the purchase-, transport- and inventory costs were affected by specific setups. By comparing the alternative scenarios with the setup currently used, the alternatives ́ profitability could be determined. The cases showed that by only studying one of the three cost posts, only a limited insight was gained. Even if the purchase cost was to increase for an alternative setup, it could still be profitable to implement due to decreased transport- and inventory costs. Furthermore, an alternative setup that showed significant potential to reduce inventory costs was proven to not be profitable because of its effect on the net price. Neglecting to take transport- and inventory costs into account when a potential supplier is evaluated can make a deal look more profitable than it is. The final recommendation is that purchase-, transport- and inventory costs all have to be taken into consideration in order to determine which setups that are economically preferable. If the strategic purchasers at Control Products includes these when they negotiate with suppliers, more profitable deals can be obtained. / <p>Examensarbetet är en förvrängd version då känslig information om ABB inte ska läcka ut.</p>

Notre thèse aborde la question des pourparlers précontractuels et la manière dont elle est régie en droit québécois. Actuellement, la loi générale des contrats n’évoque que de manière indirecte la période de négociation des contrats à travers notamment l’article 1375 du Code civil qui impose aux parties de respecter les exigences de la bonne foi dès la naissance d’une obligation. Un tel état du droit détonne quand on le compare avec les systèmes juridiques français ou allemand dans la mesure où ces derniers prévoient des dispositions légales explicites en la matière. Notre thèse insiste sur les difficultés pratiques et juridiques que soulève le droit positif québécois. Face à la complexification des contrats engendrée par l’internationalisation des échanges et la multiplication de ces derniers, le recours à des pourparlers s’est fortement généralisé et a généré un contentieux grandissant. Nous proposons donc de faire évoluer la lettre du Code civil du Québec afin que ce dernier encadre davantage la période précontractuelle en s’inspirant du droit français et du droit allemand. / Our thesis focuses on precontractual negotiations in Quebec Law. There are currently no specific rules related to precontractual negotiations in the general law of contracts. Only few rules can apply if we interprate them in a broader way they are supposed to, such as article 1375 that forces the parties to conduct themselves in good faith at the time the obligation arises. This state of law differs from both French and German legal systems where rules have been drafted to impact the way parties can act while they are negotiating a contract. Our thesis insists on practical and legal issues that arise from the way the law is actually built in Quebec. Because of the complexification of contracts linked to the internationalisation of exchanges and the multiplication of them, the phenomenon which consists on negotiating a contract appeared to be necessary and became the rule in the matter. It has, at the same time, generated an increasing litigation. Therefore, we defend the idea of a modification of the Quebec Civil Code in order to ensure that the precontractual period is taken more into account. In order to do so, we will study French and German law.

In an increasingly globalized workplace, the ability to communicate effectively across cultures is critical. We propose that the quality of communication experienced by individuals plays a significant role in the outcomes of intercultural interactions, such as cross-border negotiations. In four studies, we developed and validated a multidimensional conceptualization of Quality of Communication Experience (QCE) and examined its consequences in intracultural versus intercultural business negotiation. We proposed and found three dimensions of QCE, namely Clarity, Responsiveness, and Comfort. Findings from intercultural and same-cultural negotiations supported the hypotheses that QCE is lower in intercultural than intracultural negotiation; and that a higher degree of QCE leads to better negotiation outcomes. Moreover, we found evidence that the beneficial effects of higher QCE on negotiation outcomes are more pronounced in intercultural than intracultural negotiation. We propose an agenda for future research and identify implications for practice.

In the year of 2020 the member states of the European Union (EU) negotiated two major budgets: the regular Multiannual Financial Framework (MFF) for the years 2021-2027 and the covid-19 Recovery Instrument “Next Generation EU”. The first was a recurring negotiation, deciding the political and financial priorities of the EU for a mid-term period. The latter was a new proposal, an urgent response of recovery support to the covid-19 crisis. What began as diverse national responses to the crisis and an absence of any common EU measures, ended up in a historical rescue package, including the Recovery Instrument and a reinforcement of the MFF. The aim of this study is to investigate whether there are any signs of difference in negotiation approach, i.e. the use of bargaining versus problem-solving, between the two negotiations of the MFF and the Recovery Instrument. This thesis also seeks to find out if any potential dissimilarity can be explained by the factors of politicization, type of policy and crisis context. The study has been conducted by interviewing eight Swedish government officials involved in these negotiations and analyzing the stenographic protocols of the European Affairs Committee of the Swedish parliament. According to the results there were more signs of problem-solving in the Recovery Instrument negotiations than in the MFF negotiations. This is interesting as budget negotiations are known for being characterized by bargaining. Further, the Recovery Instrument differed from the MFF by being more politicized and a constituent issue, which according to prior research speaks in favor of bargaining. Despite this, the result speaks in favor of more problem-solving in the Recovery Instrument compared to the MFF. These findings demonstrate that even in budget negotiations regarding highly politicized issues of a constituent character, crisis-related factors can generate problem-solving in negotiations.

<p>Negotiations are a frequent part of international business. Parties involved in a negotiation face different problems in reaching a successful outcome. When the parties have different cultural backgrounds the faced problems become more complex.</p><p>The study provides for an understanding of the negotiation and influencing factors in head office subsidiary relationship. The relationship is complex since the head office and the regional subsidiaries have different cultural backgrounds. One case study is performed between a global Dutch company and two of their local subsidiaries in Japan and Korea. A framework for the analysis is developed and the factors that influence the negotiation are identified. The data were compiled from interviews from the Dutch side.</p><p>The study reveals that the negotiation between the head office and their subsidiaries is complex. Culture is not the only barrier but the cultural awareness becomes critical. Other major influences between the head office and the subsidiaries are the organisation itself, status of the atmosphere and the relationship.</p>

Background: The starting point of the thesis is the growing importance of negotiations that serve to establish a relationship between the parties involved as companies’ business activities are getting more complex. Purpose: The purpose of the thesis is to find and to analyze which elements are of importance for parties, when creating a successful negotiation with regard to building long-term relationships, and if those elements differ for sales and procurement negotiations in companies with business activities of various kinds. Research method: The study was realized with the help of twelve qualitative interviews. Result: The elements of importance when creating a successful negotiation with regard to building long-term relationships were mainly elements of co-operation and to some extent elements of competition. Complex and public companies did also exhibit particular elements that were of importance for these categories. The elements did not part considerably regarding purchasers, sales representatives or companies with business activities of various kinds. The elements of importance when building long-term relationships were to a great extent dependent on human elements.

Negotiations are a frequent part of international business. Parties involved in a negotiation face different problems in reaching a successful outcome. When the parties have different cultural backgrounds the faced problems become more complex. The study provides for an understanding of the negotiation and influencing factors in head office subsidiary relationship. The relationship is complex since the head office and the regional subsidiaries have different cultural backgrounds. One case study is performed between a global Dutch company and two of their local subsidiaries in Japan and Korea. A framework for the analysis is developed and the factors that influence the negotiation are identified. The data were compiled from interviews from the Dutch side. The study reveals that the negotiation between the head office and their subsidiaries is complex. Culture is not the only barrier but the cultural awareness becomes critical. Other major influences between the head office and the subsidiaries are the organisation itself, status of the atmosphere and the relationship.

<p>Background: The starting point of the thesis is the growing importance of negotiations that serve to establish a relationship between the parties involved as companies’ business activities are getting more complex. </p><p>Purpose: The purpose of the thesis is to find and to analyze which elements are of importance for parties, when creating a successful negotiation with regard to building long-term relationships, and if those elements differ for sales and procurement negotiations in companies with business activities of various kinds. </p><p>Research method: The study was realized with the help of twelve qualitative interviews. </p><p>Result: The elements of importance when creating a successful negotiation with regard to building long-term relationships were mainly elements of co-operation and to some extent elements of competition. Complex and public companies did also exhibit particular elements that were of importance for these categories. The elements did not part considerably regarding purchasers, sales representatives or companies with business activities of various kinds. The elements of importance when building long-term relationships were to a great extent dependent on human elements.</p>

Kön har sedan tidigare använts som en förklaringsfaktor till olika fenomen och till nackdel och skäl för underordning av kvinnor. En sådan förklaring finns inom förhandlingar, där det påstås att män är bättre på att förhandla. I denna uppsats kartläggs ledande teoretiska förklaringar till varför skillnaderna mellan män och kvinnor inom förhandlingar existerar. För dessa skillnader erbjöds förklaringar som man tematiskt samlat under paraplytermerna: erfarenhet, strukturella positioner samt makt och status. Tidigare studier med fokus på makt och status visar bland annat att kvinnor med hög status som kräver en viss summa får lika bra resultat som män med hög status som kräver samma summa, vilket inte är fallet hos män och kvinnor med låg status. Där har kvinnor en mindre chans att få det de kräver jämfört med män. Denna uppsats fokuserar främst på skillnaderna från makt/status-perspektiv, hur det påverkar kvinnors förhandlingsutfall och om kvinnor kan motverka de sämre resultaten de får inom förhandlingar när de beter sig icke-kvinnligt och bryter mot normer/roller som bestäms av kön (rollkongruensteorin-mer om detta i del 2.1). I uppsatsen söks indicier som påvisar att en högre status i form av utbildning (högskoleutbildning) ger kvinnor lika bra resultat för samma prestation som män eller åtminstone förbättrar kvinnors utgångspunkt. En experimentell frågeundersökning utförs, där varje deltagare får 1 av 4 möjliga varianter av texten. Dessa varianter skiljer sig åt vad gäller kön och utbildningsnivå hos de personer som beskrivs i texten. Sedan analyseras vilka resultat som följer av dessa skillnader. Det handlar således om ett efterdesignexperiment med en hypotetisk deduktiv ansats. Studien visar att högskoleutbildning inte tycks vara en tillräckligt stark källa till status för att ge kvinnor lika bra förhandlingsresultat som män. Däremot indikerar studien att manliga deltagare ger mindre resurser till kvinnor än till män, medan kvinnliga deltagare ytterst sällan bemöter manliga kandidater sämre. I studien visas också att det främst är män som anser att kvinnor måste bete sig kvinnligt och att motreaktionen (s.k. backlash) drabbar de kvinnor som inte uppfyller detta förväntade beteende. Mitt experiment bekräftar således rollkongruensteorin, samtidigt som den vidareutvecklas, genom att peka på att det inte är bägge kön utan bara män som förväntar sig att kvinnor beter sig kvinnligt, -åtminstone i Sverige.

The Non-Agricultural Market Access Negotiations (NAMA) are being undertaken as part of the Doha Round of negotiations. NAMA negotiations are aimed at the trade liberalisation of industrial goods. Pursuant to the ‘development agenda’ adopted for the Doha Round, the NAMA negotiations also emphasise the development component. Particular emphasis is be made on tariff reductions in products of export interest to developing countries and the negotiations are to take special account of the needs and interests of developing countries, including through less than full reciprocity in accordance with the General Agreement on Tariffs and Trade (GATT) provisions on special and differential treatment (SDT). This research attempts to determine this ‘development agenda’ through the prism of special and differential treatment as provided for in the NAMA mandate. An analysis of the SDT provisions in the World Trade Organisation (WTO) and their application within the multilateral trading system reveals that SDT is a very controversial concept. Developing countries have used SDT to escape the strictures of multilateral trading rules and developed countries have used it as a ‘carrot and stick’ tool, to gain concessions from developing countries in other areas. SDT has further been revealed as a concept whose meaning and content is not very precise. While the provisions in the GATT as well as the Enabling Clause make good political and economic sense, they are not really actionable. This is because the concept is characterised by best-endeavour provisions that lack any legal force and cannot be adjudicated in the WTO Dispute Settlement Body. Developed countries have thus not been called and cannot be called, legally, to account for lack of delivery on their commitments and obligations with regard to SDT. This has effectively constrained the use of SDT as a development tool within the WTO, and, being the only tool being utilised, there needs to be found an alternative way to address development needs in the WTO. The WTO has sought to address this through efforts to amend SDT to make it more precise, effective and operational. The content and meaning of the ‘development agenda’ itself in the Doha Round is very elusive and an effort is made in this paper to determine the appropriate meaning of development in relation to the multilateral trading system. Development as an objective in the WTO is not novel to the Doha Round. The WTO is littered with references to development and the betterment of the human condition in its preamble to agreements and other provisions. Development has to be considered in al its three dimensions: social, political and economical. While this paper does not advocate that the WTO become a fully fledged development institution, it can shape its development agenda in such a way that benefits on the economic front are designed to stimulate socio-economic development as well. An analysis of the NAMA modalities reveals that mercantilist objectives have triumphed in the negotiations and SDT has been lost by the wayside. Developed countries have sought for radical tariff reductions on the part of developing countries, with meagre flexibilities that are further constrained by requirements that no full sector be excluded from the formula cuts. SDT has not been considered and the commitments are not proportional to the development capacity of most developing countries. This is in direct contradiction to the SDT provisions in the GATT that are supposed to guide the negotiations as well as the provision on tariff negotiations. However, the modalities are not legally contestable because the SDT provisions do not hold any legal suasion. The NAMA negotiations reveal a development vacuity within the WTO that needs to be resolved by other means other than the traditional SDT. Taking into consideration the evolving power bases and the politics of the membership of the WTO, this is an imperative. This paper proposes that Aid for Trade is the best option available to the WTO system. The concept does find support in GATT/WTO provisions on SDT and can be modified to be more predictable and sustainable. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted