Loading...
 
 
 
 
 
 

2012 Top Terms in Negotiation

Published: 14 Nov 2012 Average Rating: 5 / 5 Print
 

Contracting and commercial capability have risen in importance on the Corporate agenda – and IACCM's 11th Annual Study of the Most Frequently Negotiated Terms explains why.  Continued turmoil in global markets, coupled with a wave of regulation and shifting economic power, are creating an environment of increased complexity and risk, which is having a major impact on contract negotiations.

This year's study reveals changes that are far more dramatic than at any time since inception of the report. Among the highlights:

  • Markets are fragmenting; major corporations are either choosing or being forced to shift the focus of their negotiation in international markets as local issues or concerns challenge standard templates.
  • The buy-side / sell-side agenda has become more polarized, reflecting a growing divergence of concerns and increased focus by Legal and contracting specialists on supplier risk.
  • The frequency of negotiation and of post-award claims and disputes has increased, driven by a combination of rapid power shifts within industries and between countries, and economic conditions that result in cost-cutting and adversarial behaviour.
  • There are encouraging signs that negotiators are placing greater focus on terms that impact risk probability. However, there are also indications of diminished trust between buyers and suppliers, with collaboration occurring only between a select few.

 These changes have significant implications for workload, skills, operational management and risk. They demand revised contract and commercial strategies and increase the urgency of steps toward 'intelligent contracting'.

 

This content is only available to members.

Register Now   Sign In
 

Related Discussions

Please sign in or register to post on this forum

 

APM Group
2014-09-14 13:08:25

Recent UK Legal chnages

I was told recently about a change to UK Law affecting contracts and the length of time and the quantity of evidence that had to be retained as a result. Please can s...
 
 
 
Replies: 2

Confidential
2015-06-18 14:13:12

Contract Process

I want to share my company's process at a high level with a couple of things in mind. First, if it helps you, great. I'm happy to do so. Second, I am always looking ...
 
 
 
 
 
 
 
 
Replies: 7
Anonymous
2017-06-05 10:26:29

BEST STRATEGY FOR BACK-TO-BACK SUBCONTRACT

Dear All, I wish to execute a back-to-back subcontract with an entity, with a past record of not always collaborating with Contractor. I intend drafting a stand alone ...
 
 
 
Replies: 2

CPECC, Sudan from 2009 to till date
2017-03-31 12:45:01

can Kidnap be a Force Majeure event ?

Recently five (5) of my colleagues were abducted by some people at site while doing patrolling in the morning on a Field Surface Facilities (FSF) project. Unfortunatel...
 
 
Replies: 1
Anonymous
2017-03-22 14:05:38

How to construct a SLA and price methodology for a contract covering outsourcing of SW purchases.

I am looking for some input in how to construct SLAs and pricing for a contract with a re-seller of software. The intention is that the supplier/re-seller will purcha...
 
 
 
 
Replies: 3
Anonymous
2017-02-22 05:18:03

Employee Non solicitation in USA w.r.t recently issued AntiTrust Law

With the recent US Dept of Justice ruling and FTC guideline on Anti Trust Law on No Poaching clauses in Agreements between companies, issued October 2016. Does the n...
 
 
 
Replies: 2

UBS
2017-02-20 13:29:57

Annual Account Plan

Hi All, Does anyone have an example/template for an Annual Account Plan between a customer and supplier? Thanks, Peter.
 
 
Replies: 1
Anonymous
2017-02-09 21:36:57

Contracting KPI's

Can someone suggest key Contracting KPI's in IT outsourcing projects.
 
 
 
 
 
 
 
 
Replies: 7