Alternate Dispute Resolution Memorial, Assignments of Contract Law

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CODENAMES & SEAFARERS

NEGOTIATION ANALYSIS Team Code: 013 Winter Intra University Alternate Dispute Resolution Competition, 2023

STRATEGIC STRONG POINTS

Codenames  Largest aluminum refinery: codenames have been in the mining sector for quite long and it has stronghold over primary sources which led it to become the largest aluminum refinery in the hoola hoop.  Strategic planning and business expertise: of the promotors led to the successful completion of the project resulting in a potentially profitable business venture exceeding original expectation.  Healthy book of accounts: evident growth across its years of functioning along with stable financials makes it a lucrative and profitable investment. Seafarers  Profitable turnouts and strategic investor: since the inception of Seafarers, it has been a growing company with profitable turnouts and already established itself as one of the prominent creditors for purposes of equity and debt portfolio buildup of new-tech companies and startups.  Best interest rate and liberal repayment schedule: Seafarers is offering Codenames the best market rates in terms of interest rates and repayment schedule. STRATEGIC WEAK POINTS Codenames  Lack of consensus among board members: heaven management is not comfortable to go with the deal in its present form.  Fear of not being able to pay out dues: due to the status of their business operations they have the apprehension of not being able to pay out dues which makes them uncomfortable to proceed with the deal as per its current terms and in the covid struck world there is not much scope of securing affordable loans.

Seafarers Should the negotiations fail, they’ll have to let go of this deal and try to find other companies to deal with in order to diversify their risk. WORST ALTERNATIVE TO NEGOTIATED AGREEMENT (WATNA) Codenames Should the negotiations fail, they will have to stakes of the project to numerous parties including governments to repay its debt. Seafarers Should the negotiations fail, they would have to capitulate on their plans of expansion in the infrastructure sector. GOALS AND OBJECTIVES Codenames  To set itself as a prominent entity in the tourism-infrastructure sector in the hoola hoop owing to the new boom in tourism. Seafarers  To establish itself as an active entity in the infrastructure sector.  To expand its business by diversifying into various sectors. NEGOTIATION STRATEGY Seafarers Seafarers will start with acknowledging that they are very enthusiastic about this deal taking place and for this very purpose are open to any suggestions to make this deal a reality as long as it doesn’t go against their self-interest. Second, seafarers would explain to them that if they go by the prediction of WHO covid is waning throughout the world and their business will most probably get on track and then they wouldn’t

have to worry about the enforcement of the pledge. lastly, seafarers would ensure codenames that they will include the old promoters in the advisory board and give them important consulting roles. Codenames At the onset, codenames will acknowledge that due to the covid their business is suffering and the interest rates and repayment schedule offered by seafarers is very lucrative, they are very appreciative of the same and hopeful that the terms of the deal can be tweaked a little in the best of the interest of both the parties. Secondly , codenames would tell them that their business has huge earning potential once the covid subsides they will have a steady increase in their revenue and they are a relatively low-risk borrower as they have a good market presence apart from this project also. lastly, codenames would come up with the proposal that seafarers can have the stakes/profit sharing in the aluminium refinery owned by codenames which happens to be the largest aluminium refinery of country hoola hoops.