The Role of the Western Lawyer in East-West Transactions

This article identifies and analyzes the special areas which the Western lawyer must consider when advising a client regarding an East-West transaction. These areas, although interrelated, have been categorized for clarity and ease of analysis. Part I outlines approaches for dealing with the legal and economic environment in which business negotiations are conducted. It describes the practical knowledge that lawyers must possess in order to help clients gain access to non-market countries. It also explains the process of identifying and understanding the roles and duties of various parties in Eastern countries. Part II discusses the structuring of contract negotiations in light of Eastern decision-making criteria and procedures. It focuses on the various factors which the parties must consider during the negotiation process, including the Western party’s relationship to the Eastern negotiator. Finally, part III sets forth approaches to settling East-West commercial disputes.