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Author: Jeswald W. Salacuse Publisher: St. Martin's Press ISBN: 1466889624 Category : Business & Economics Languages : en Pages : 321
Book Description
In today's global business environment, an executive must have the skills and knowledge to navigate all stages of an international deal, from negotiations to managing the deal after it is signed. The aim of The Global Negotiator is to equip business executives with that exact knowledge. Whereas most books on negotiation end when the deal is made, Jeswald W. Salacuse will guide the reader from the first handshake with a potential foreign partner to the intricacies of making the international joint venture succeed and prosper, or should things go poorly, how to deal with getting out of a deal gone wrong. Salacuse illustrates the many ways in which an international deal may falter and the methods parties can use to save it, provides the necessary technical knowledge to structure specific business transactions, and explores the transformations to the international business landscape over the last decade.
Author: Jeswald W. Salacuse Publisher: St. Martin's Press ISBN: 1466889624 Category : Business & Economics Languages : en Pages : 321
Book Description
In today's global business environment, an executive must have the skills and knowledge to navigate all stages of an international deal, from negotiations to managing the deal after it is signed. The aim of The Global Negotiator is to equip business executives with that exact knowledge. Whereas most books on negotiation end when the deal is made, Jeswald W. Salacuse will guide the reader from the first handshake with a potential foreign partner to the intricacies of making the international joint venture succeed and prosper, or should things go poorly, how to deal with getting out of a deal gone wrong. Salacuse illustrates the many ways in which an international deal may falter and the methods parties can use to save it, provides the necessary technical knowledge to structure specific business transactions, and explores the transformations to the international business landscape over the last decade.
Author: Aikaterini Florou Publisher: BRILL ISBN: 9004407472 Category : Law Languages : en Pages : 261
Book Description
In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost “economic animals” and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.
Author: Başak Başoğlu Publisher: Springer ISBN: 331927256X Category : Law Languages : en Pages : 340
Book Description
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Author: Alain Brunet Publisher: Springer Nature ISBN: 3030680762 Category : Law Languages : en Pages : 292
Book Description
This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.
Author: Claude Ménard Publisher: Edward Elgar Publishing ISBN: 1782547991 Category : Biography & Autobiography Languages : en Pages : 381
Book Description
Ronald H. Coase, one of the most innovative and provocative economists of the twentieth century, has had a lasting influence in economics, law and economics, organization theory, management and political science. In this comprehensive Companion, 31 leading economists, social scientists and legal scholars, including two Nobel Laureates, offer the first global assessment of the initial impact of Coase’s work and the continuing inspiration that researchers and policy makers find in his contributions. The book presents a review of the continuing power of Coase’s work, including the reshaping of public policies with particular respect to public utilities and network industries. Further chapters explore research programmes that he initiated including the concept of transaction costs and the analysis of property rights, especially in terms of the regulation of the communications industry and the creation of markets for the right to pollute. The book clearly demonstrates the originality of Coase’s work and the challenge that it posed to conventional perspectives which has been a hallmark of his research throughout his life, from his initial view on the nature of the firm to his recent analysis of the development of capitalism in China. Less well-known features of Coase’s research going beyond his famous papers on ‘The Nature of the Firm’ and ‘The Problem of Social Cost’ are also explored in detail. From economics to public policy, this complete and thorough assessment of Coase’s vast contribution will be an invaluable reference to all those interested in the many areas influenced by this great economist.
Author: J. Luis Guasch Publisher: World Bank Publications ISBN: 9780821357927 Category : Business & Economics Languages : en Pages : 212
Book Description
During the 1990s, infrastructure concessions were hailed as the solution to Latin America's endemic infrastructure deficit, by combining private sector efficiency with rent dissipation brought about by competition. This publication examines the design and implementation of over 1,000 examples of concession contracts, in order to identify the problems that have occurred in the process. It goes on to highlight lessons to be learned for the future, in order to realise the potential benefits of infrastructure reform and to contribute to economic growth and poverty reduction.
Author: Jeswald W. Salacuse Publisher: Pon Books ISBN: 9781880711224 Category : Business & Economics Languages : en Pages : 212
Book Description
Picking up where other negotiation books leave off, this practical, incisive handbook shows executives, lawyers, and government officials how to survive and thrive in today's highly competitive international marketplace. Jeswald W. Salacuse, a professor of international law at Tufts University and a member of Harvard's Program on Negotiation, draws on his business experience in more than thirty countries to provide business people with the techniques and strategies they need to successfully close an international agreement. Making Global Deals explains how to overcome the obstacles -- the instability of the international market place and differences in culture, ideology, law, politics, and currencies -- and come out on top in any size venture. Emphasizing careful preparation, he provides checklists and ground rules for strengthening and maintaining a solid bargaining position and shows step-by-step how to achieve a "win-win" solution.
Author: OECD Publisher: OECD Publishing ISBN: 9264922644 Category : Languages : en Pages : 26
Book Description
The Guiding Principles for Durable Extractive Contracts (the Guiding Principles) provide guidance on how resource projects can be developed to reflect the balance of risks and rewards that underpins durable contracts, while taking into account community interests and concerns since the very beginning.
Author: Jeswald W. Salacuse
Author: Jeswald W. Salacuse
Author: Aikaterini Florou
Author: Başak Başoğlu
Author: Alain Brunet
Author: Claude Ménard
Author: J. Luis Guasch
Author: Jeswald W. Salacuse
Author: United States. Congress. Senate. Committee on Finance
Author: United States. Congress. House. Committee on Ways and Means
Author: OECD