Project Negotiation, practical tips for negotiating payment terms

In our world of the Project Businesses, we reflect on negotiating the payment terms in contracts for Complex Projects. How to prepare? How to act? How to conclude? This will enable, both Contractors and Employers, to prepare for the unavoidable discussion about when to pay. The techniques are transposable to other negotiation situations.

Mediation, do you want to know the latest status?

An event organized by the Young Members Group of CIArb named “Arbitration & Mediation at a Crossroads” enabled us to reflect on the positioning of mediation within the spectrum of dispute resolution methods.

Why pleadings are not negotiations… are they?

Negotiators may fall in a “pleading mode” when doing their commercial negotiations. Lawyers may not see their pleadings in court or in front of a tribunal as negotiations. By making a parallel between pleadings and negotiation in this article, both negotiators and lawyers can learn and improve.

“I let my lawyers take care of my contracts”

The title above is a frequently heard observation about contracts & lawyers. Usually, this goes together with statements like “we negotiate the contracts and then file them immediately” or “contracts are only useful in case of conflicts”. Are those statements really the right thing to do?

2019, best wishes from AfiTaC!

AfiTaC wishes all the readers of its blog on Commercial & Contractual issues the best for 2019!
This post includes some of our intentions for this year.

Fast & binding dispute resolution: an unbridgeable gap?

The usual processes for dispute resolution are either fast (negotiated solutions, mediation, etc.) or binding (court proceedings and arbitration). Statutory adjudication and dispute boards are only available in particular circumstances. Can we bridge the gap and achieve fast & binding dispute resolution?