Top Terms in Negotiation 2012

Dear all,

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.

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’.

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....?!

Rob

http://www.iaccm.com/news/contractingexcellence/?storyid=1403&utm_medium=email&utm_campaign=CE_November_2012%20EMEA&utm_content=CE_November_2012%20EMEA+CID_b4269456f987f621a5b95f976f83ad05&utm_source=Campaign%20Monitor&utm_term=Read%20more

IACCM 2011 top terms in negotiation

In its 10^th annual survey of the most frequently negotiated terms and conditions, IACCM once more reveals that business contracts are constraining the value that can be achieved from high-performing relationships. For the first time, the study also identifies the most common sources of failure in contract outcomes and this indicates the potential value that could come from a robust contracting strategy and competence. 

Limitation of liability is sadly still nr 1 followed by indemnification, and there's a noticeable trend back towards the penalty type provisions. If there was any way of measuring roughly how much effort went into such negotiations we would probably be amazed and actually do something about it. Maybe next report IACCM?

This is a very interesting read, the only slight downside is you have to register to get the report.  The link is below.

Rob

http://www.iaccm.com/library/?id=3958#top

IACCM most negotiated terms & conditions survey

Dear all,

Recently, The International Association for Contract & Commercial Management (IACCM) launched its 11th annual study of ‘the most negotiated terms and conditions’. I've found this to be really interesting in the past and will upload the results when completed. In the meantime please find time to complete this. IACCM say........

"This unique study is used by companies and advisors around the world to develop and inform their contracting and negotiation strategies. As a contributor to the survey, you can be among the first to know the results – as well as contributing to the status and understanding of our professional community.

This survey will take 5 – 10 minutes to complete. We ask you to tell us which terms you negotiate with greatest frequency, as well as your view regarding some key trends in negotiation. The results of this study offer insights to jurisdictional, geographic and industry perspectives, ensuring that it can immediately be put to practical use as well as inspiring new ideas and approaches to managing today’s complex negotiations environment."

Thanks,
Rob

https://www.surveymonkey.com/s/topterms2012