Negotiation Archives - Page 2 of 9

The Empty Fort

In chapter 95 of the Romance of the Three Kingdoms, Sima Yi’s army reaches a town where Zhuge Liang sits on the tower and plays the qin. Sima Yi suspects an ambush and withdraws without a fight. The ruse is known as 空城计, the Empty Fort Stratagem. Peking opera stages it together with the loss of Jieting and the execution of Ma Su.

The story is not in the historical Records of the Three Kingdoms. Pei Songzhi, who wrote the commentary to that history, quoted an earlier account of it and judged that “all of it is doubtful” (实皆可疑).

The Way of Deception

The first chapter of The Art of War says: “War is the way of deception (兵者，诡道也). So when able, appear unable. When active, appear inactive. When near, appear far. When far, appear near.”

It continues: “Offer a gain to lure him. Create disorder and take him. When he is full, prepare for him. Where he is strong, avoid him. Where he is angry, provoke him. Where he is humble, make him proud. When he is at ease, wear him down. When he is united, divide him. Attack where he is not prepared. Appear where he does not expect it.”

Zhuge Liang Provokes Zhou Yu

Chapter 44 of the Romance of the Three Kingdoms is titled “Kongming Uses Cunning to Provoke Zhou Yu.” Zhuge Liang wants the state of Wu to fight Cao Cao. He offers Zhou Yu a way to make Cao Cao withdraw: “Why not find Lord Qiao, buy his two daughters for a thousand gold and send them to Cao Cao? Once he has them, he will be satisfied and will surely withdraw.”

He then recites a poem by Cao Cao’s son Cao Zhi, with the line “to gather the two Qiao in the southeast.” Zhou Yu answers: “The elder Qiao is the wife of General Sun Ce, and the younger Qiao is my wife.” He rises in anger: “The old traitor insults me too much! I and the old traitor cannot both live!”

The Draft That Mao Rejected

In October 1971, on Henry Kissinger’s second visit to Beijing, the American side brought a draft of a joint communiqué. According to the American record of the talks, as given in a Chinese report, Zhou Enlai came back the next day and said that Mao Zedong had rejected the draft completely, because it gave a false impression.

Zhou proposed a different kind of text. Each side would state its own views as clearly as possible, followed by a few points of agreement. Kissinger’s aide Winston Lord later wrote: “After checking with Mao, Zhou treated our effort with scorn and derision.”

Li Hongzhang’s Telegrams

In April 1895, Li Hongzhang negotiated peace with Japan at Shimonoseki. He reported to the Zongli Yamen, the Qing foreign office in Beijing, by telegram, and its replies came the same way. Japan had broken the code.

A Japanese account of 1932, quoted in a Chinese study, says that reading the full text of Li’s telegram of April 11, 1895, “had a great effect” on Japan’s later attitude and on the progress of the talks. In 1929 the Chinese writer Gong Debai concluded: “Since all our secrets were known to them, how could the negotiations not fail?”

Approval Before Investment

On December 26, 2017, China’s National Development and Reform Commission issued new rules for overseas investment by Chinese companies. They took effect on March 1, 2018. Sensitive projects need state approval (核准). Non-sensitive projects that the company carries out directly need a filing (备案).

The company must hold the approval or the filing notice before the project is carried out. The rules define this as the point before the company puts in assets or rights, or provides financing or guarantees. According to a Chinese law firm, the earlier rules had required approval before the company signed final binding documents abroad.

Danone and Wahaha

On May 9, 2007, the French food group Danone filed eight arbitration claims against its Chinese partner Wahaha at the Stockholm Chamber of Commerce. On September 30, 2009, the two sides announced a settlement. Danone sold its 51 percent stake in their joint ventures for 3 billion yuan and left Wahaha.

Wahaha’s founder Zong Qinghou later said that the company had not understood what trademarks and brands meant, so that its growth “fell into a trap carefully laid by Danone.”

Die Wronged Rather Than Sue

饿死不讨米，屈死不告状 Starve to death rather than beg for rice. Die wronged rather than file a lawsuit.

衙门口，朝南开，有理没钱莫进来 The yamen gate faces south. With reason but no money, do not come in.

A columnist cited both old sayings in 2024 to explain a long fear of the cost and the unfairness of going to court.

Win-Win Cooperation

On September 28, 2015, Xi Jinping spoke at the general debate of the 70th United Nations General Assembly in New York. He called for “a new type of international relations with win-win cooperation at its core” (以合作共赢为核心的新型国际关系).

Equality and Mutual Benefit

On December 31, 1953, during negotiations with India, Zhou Enlai received the Indian government delegation in Beijing. He put forward five principles for the first time: mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit (平等互利), and peaceful coexistence. They became known as the Five Principles of Peaceful Coexistence.