“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?

No free lunch in negotiation of project contracts

People are familiar with the “no free lunch” theorem. This post studies why asking concessions from your counterpart without giving anything in return is detrimental to the entire negotiation process.

EPC tender evaluation, one stage or two stage bidding

This post looks into the typical struggle Employers face when evaluating EPC bids. Often, they would like to compare apples-to-apples. This means just comparing prices based on a harmonized technical solution. What is the problem with that?

Contract negotiation team, setting-up a balanced team

In this post we reflect on building the ideal contract negotiation team: What should be its composition and size? What practical rules and roles for each member of your contract negotiation team? And, what behavior to expect from the team?

Harvard Negotiation Masterclass, some feedback.

This post gives feedback on the Harvard Negotiation Masterclass by The Program on Negotiation, a consortium project of universities (Harvard Law School, Harvard Business School and the Massachusetts Institute of Technology), probably the world’s most vibrant effort for reflection and training on negotiation. This negotiation masterclass clearly shows the importance, for a negotiator, to be conscious about the negotiation process, the situation of the counterpart and your own behavior.