Selling Water for China

by Dr Bob March

This negotiation case is published with permission from Dr Bob March's excellent book
"Chinese Negotiator".

Overview
Acqua International (AQ) is a Europe-based multinational company that has interests in
water and other environment-related businesses.
In China, the company has joint ventures with medium-size and large municipalities to
produce potable water. To increase its investments in China, the AQ Group arranged,
through its local subsidiary Pacific Acqua International (PAQ), to enter into a strategic
alliance with Tak Foy and Co., a Chinese conglomerate with strong roots in China and
Hong Kong in the service industry (mainly leisure-related). The venture is called Haoyu
China Limited (HCL).
The Scene
These negotiations concerned an urban water supply system providing potable water to
around one million people. Through an agent in the province, the China subsidiary PAQ
had secured a contract to construct a water treatment plant for the system.
Some time after the completion and commissioning of the plant, PAQ learned from the
same agent that the municipality was short of funds for some urgent development projects.
One of its options was to privatize the municipalitys water supply facilities.
The sale value of the facilities was set by the municipality, and bidders were sought from
within its jurisdiction; there would be no recourse to the central government for approval.
HCL, located in the municipality, submitted a purchasing proposal to buy the facilities, to
set up a joint venture with the municipalitys water company on a 3:1 ratio, and to operate
the facilities on a twenty five-year contract.
The unresolved issues when bids were called for were:

Initial water charges. The only things that had been agreed on up to this date were
how much would be invested in the facilities and spent on improvements.
The demand for water. To make the business financially viable, a take-or-pay
mechanism would have to be introduced, and local wells would have to be closed.
The formula to calculate annual water tariff revisions. Devaluation of the yuan
would affect foreign exchangebased investment.
The new companys structure. Who would be the shareholders, board members,
and those responsible for its day-to-day management?

Negotiations Begin

At the request of the Chinese, a memorandum was signed by HCL and the municipality to
record the issues still outstanding.
It was only then that PAQand through it HCLwas informed by the local PAQ agent
(who was supposedly very close to high levels in the municipality) that other international
competitors had also visited the municipality in connection with the same project.
After meeting high-ranking officials in the city, the PAQ team was advised to lower its
starting price for water supply if it wished to remain the preferred partner.
In a bid not to lose the municipalitys interest, PAQ organized visits to PAQ operations in
other provinces for a group of municipal officials, whose reaction was positive. Then,
believing it a good time to start negotiations, PAQ submitted a revised proposal, which it
followed up by visits requesting discussion.
The mayors office arranged a negotiating session to be attended by representatives of all
the municipal departments concerned, at which PAQ and HCL were represented by four
people: John King, Hans Christian, Cheng Peng Li, and Xu Jing.
For several weeks the unresolved issues and other matters were discussed, and every
evening the municipality hosted a formal banquet, which lent ambiance to the talks. Cheng
and Xu were the representatives on these social occasions, while King and Christian
remained in the background.
Strategy Applied
PAQ did not begin negotiating using the water rates as the deciding factor in the belief
that, were its ideas not well accepted, the entire project might be placed on hold. Instead, it
picked secondary issues with noncritical impact to give both parties some wins to balance
the losses.
Discussions started with water demand. Municipalities are generally optimistic about
development and, therefore, ready to accept or propose relatively high demand levels
where the take-or-pay mechanism is applied. Moreover, PAQ believed the municipality
would not be in the joint venture if it were not ready to enforce the laws concerning wells.
So an agreement was reached quite quickly on water demand.
Next to be negotiated was the tariff adjustment formula. Both parties agreed to an inflationadjusted tariff, while the provincial government representative insisted that foreign
exchange should represent less than five percent of investment and be used for no more
than ten years.
Due to PAQs favorable reputation, agreements on the shareholding structure and
management were reached without too much difficulty.
Last came the water rate negotiations. PAQ impressed on the municipality that, as an old
friend, it was right for the project, being technically and financially sound with a good track
record in China. PAQs sincerity was demonstrated by the number of Chinese staff on its
team.
Coup de Face
Agreement was reached in two weeks, with the mayor himself voicing his support. Wishing
to give face to their lead negotiator, and aware of Chinese sensitivity to pricing, PAQ then

offered to reduce the starting water rate. In return, to give face to PAQ, the municipality
offered preferential tax treatment over a five-year period.
In Retrospect
Later, PAQ managers described some of the problems commonly faced by foreigners in
negotiation situations, and how they might be resolved:

Most foreigners new to China do not know how the Chinese perceive them, nor
does it bother them.
Many Chinese see foreigners as cheats, motivated only by the desire for profit.
The Chinese point to history: relationships with foreigners are short term, the
foreigners leaving after attaining their short-term goals.
China has a high-context society. Who you and your associates are is more
important to success than the mere excellence of your product or your competitive
price.
The Chinese may renegotiate a contract even after it is signed. They believe in
peoplenot legal packages.
China has a haggling culture; there are no ethics where price is concerned, and
they will stop at nothing to get you to lower your price.
Time is not money in China, although this is starting to change.
The Chinese will not sign on the dotted line until they feel intuitively that the time is
right, even if all points have been clarified.
Chinese negotiators are not decision makers; the CEO or the government is the
ultimate boss.
Language is a big barrier in Chinese-foreign business negotiations.

Solutions
Be patient. In Chinas family-centered society it takes time to build trust with non-

family members.
Local Chinese employees can help establish trusting relationships.
Once the Chinese trust you, negotiations are less troublesome.
Identify the negotiators. They may be top leaders at central and local levels.
It is important to be honest and sincere with the Chinese.

Commentary
As a supplier of potable water facilities in many Chinese municipalities and cities, PAQ had
a good performance record that brought with it and reinforced personal relationships,
friendships, and trust.
The idea of leaving discussion of the water rates until after the easy-to agree- on issues
had been tackled proved a good move. The principal sign that negotiations were in PAQs
favor was the number and high level of officials invited to the meeting arranged by the
mayors office. That it still took some weeks to craft a final agreement is not, however,
surprising, since there would have been numerous issues outstanding.
Most important of all, when the final agreement was reached, a gesture was made to give
the Chinese face within their community.