If you've followed this in the past few years, a really interesting report produced by the IACCM show the top terms in negotiation, usually nr 1 is limitation of liability, but this year IACCM say.....
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.
The sad news is this now seems to be locked down and you need to be a member of IACCM to read this report. Maybe IACCM will review this policy and give themselves a pat on the back....?!