Negotiations - Before everything is agreed, nothing is agreed

High-volume business transactions („Big-Ticket Deals“) typically need voluminous contractual agreements. The negotiation of high-volume business transactions is merely an art than a handcraft. It is essential to have clear objectives, documented in a list of negotiation goals before meeting the other party. It should be decided in an early stage, what are the essential points and what is just „nice to have“. The main rules are „Everything is always negotiable, all the time.“ and „Before everything is agreed, nothing is agreed.“

Success in negotiating a deal bases on practical knowledge of the markets in which the clients operate coupled with an awareness and experience of political and business practices, and regulatory procedures, which helps in identifying realistic solutions. An in-depth knowledge and understanding of the objectives, issues and concerns involved on both sides, permits to formulate creative solutions to difficult contractual, legal and business issues. In the commercial activities of today's highly complex society, in many cases standard forms of contract have become an essential part of the day-to-day transactions of most agreements. Such model forms (FIDIC Silver Book "Conditions of Contract for EPC/Turnkey Projects", etc.) deemed to be fair and balanced to both parties. However, it is essential to know and understand the major issues and the practical scope for negotiatings.

The business world needs its lawyers to find legal and commercial solutions, rather than look for problems. Dr. Eder has developed a unique specialisation in the successful closing of big-ticket transactions. During the last few years, he negotiated M&A transactions, corporate and project financings, and cross-border-leasing transactions in Germany, New York, London and South East Asia with a total transaction volume of more than Euro 12 billions. He published essays and legal articles regarding negotiating techniques as well as typical contract clauses in cross-border financing agreements.