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Contracting Excellence Magazine - Jan 2009
In This Interim Edition Of Contracting Excellence ..........
As we enter a new year, the quality and integrity of trading relationships has never been more important. Buffeted by corporate failures, the eyes of the world are focused on the behavior of companies and business professionals. Regulation is not the answer; it is time for corporations to self-regulate, through improved governance systems and updated business controls.
Last month, IACCM announced the formation of a group to oversee and comment upon good and bad practices in contracting and related policies and practices. There is an abundance of material - ranging from payment terms, to bonus schemes that induce poor commitment decisions, to trade practices with emerging economies, to anti-competitive or burdensome terms imposed through market power. A key purpose of the group is to raise the profile of the contracts community as a key source of good governance.
In this article, IACCM member Gordon Tsang describes some of the changes in Chinese negotiations with the West. His many years of experience in China, including work with a number of large US corporations, have now been supplemented by relocation to New York, where he works as a freelance negotiator.
In November, we featured an article that promoted the values of Sharepoint as a contract management tool. This month, we asked Ashif Mawji, CEO of Upside Software, to offer his thoughts on the merits of dedicated contract management applications.
IACCM staff are now firmly entrenched on both sides of the Atlantic. With team members working from 8 different locations and offering increasingly diverse industry experience, our ability to guide and support our community has made major progress in 2008. Training, research, performance benchmarks, best practice studies, advisory services, team or executive presentations - these are just some of our capabilities. We also support many of the top providers to the legal, procurement and contract management community, offering a wide and creative range of marketing opportunities. Learn more about the make-up and background of today's IACCM team.
In this era of growing concern about IP protection and potential "leakage", non-compete clauses have become increasingly common in employee contracts. Yet for employees, concerns over employment stability understandably make them nervous about the restrictions such clauses imply. Business-to-business contracts also increasingly include non-solicitation and non-hire clauses. This article discusses the origins, validity and effect of such terms.
IACCM intern Pattabhiraman Paravasthu (Ram) last month graduated with his Masters in Integrated Manufacturing and Supply chain from North Carolina State University. Ram has been a valued member of the IACCM research and advisory team, working closely with double masters graduate Sandra Lewy and under the leadership of Katherine Kawamoto. We are delighted that he has resisted a number of alluring job offers and elected to remain with IACCM, joining our Research & Advisory team full time.
This newsletter is intended to keep readers abreast of current developments in the field of contract and commercial management. It is not, however, to be used or relied on as a substitute for professional advice. Before acting on any matter in the areas, readers should discuss matters with their own professional advisers.
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