This weekend, my twelve-year-old daughter cycled for the first time all the way to the top of the local “col de l’Arzelier”. Contract negotiations are often comparable to cycling up a “col” in the Alps. This post looks at what coaching can bring in both cases.
This post contains an interesting reflection on (i) whether it is enough for a mediator to be trained in the skills and techniques of mediation and then mediate any type of dispute or (ii) whether possession of subject matter expertise is of benefit to the parties. The author of the article, Martin Burns, clearly prefers the second option. We let you read this post and make or confirm your own opinion; you can even provide it as commentary below this post.
Now that we are all on holidays or just coming back is the good time to do a relaxed but critical self-assessment of our competences as Commercial or Contract Managers.
This posts shows that you can learn about win-win negotation from kids during holidays … and especially what you should not do to avoid spoiling the deal.
This article analyses whether companies of the same group can participate to and compete against each other in the same public tender and what are the consequences and best practices.
It has become common practice in many jurisdictions for parties to split construction contracts with an international element. The split structure is intended to provide a reduced tax exposure for the contractor and a resulting pricing benefit for the employer. This article gives an interesting overview of potential additional burdens and risks of a tax split.
Even a profitable construction project can cause financial problems if the cash flow is negative. This post analyses some of the causes of negative cash flow – procedural rules, Customer’s approvals, Contractor’s mistakes – and some best practices to improve. AfiTaC will publish further and deeper on this subject so stay tuned!
Arbitration is becoming more efficient and transparent and less expensive thanks to recent revisions to the ICC Rules of Arbitration. The ICC Court has introduced rules for expedited arbitration procedures for small claims. Read the article for more information.
The ICC Rules of Arbitration are the most widely-used institutional arbitral rules in the world, especially in relation to international construction and energy disputes. The 2012 Rules explicitly require both the arbitrators and the parties to “make every effort to conduct the arbitration in an expeditious and cost-effective manner”. Entirely new provisions relate to the emergency arbitrators, case management, and multi-party arbitrations.
On the road to achieving your company’s outcomes, some hurdles have to be taken. Contract Risk Scoring tools are there to identify the commercial & contractual hurdles that may stop you from achieving your outcomes. They allow you to take consistent decisions: Go/No Go decisions, mitigation actions, acceptable liability levels, provisions, margin levels etc. Please read this post for more details.