For Agreement between the Parties of differnet origin , the aurgument starts up on Jurisdiction and governing law for the AGreement. while both the Parties are interested in proposing law of their respective country to be made applicable to the AGreement, I want to know whether there is any list of prioritised or ranked Jurisdiction/ Govering law like World bank ranks each country a ranking for " ease in doing business" and almost 190 countrites are listed. For example, I propose indian law and other Party would prefer Laws of Singpore to be governing law. Can parties choose England and wales as nuetral or any other preferred law.

In regards to commercial contracting what are the top 5 language terms and conditions that will effect the margin and or value of a deal?

Dear All,
Can someone explain impact of Free Trade Agreements (FTA) on the current tendering methods such as open & selective tendering process for construction projects?
Thank you in advance.
Saif

We are dealing with a subcontractor who has stated they are large for the work they are performing, but, since their primary NAICS code classification is small, they state they are exempt from Cost Accounting Standards (CAS) since they are a small business. I have found nothing on the internet or in discussions with our compliance group or other companies to support their statement. Comments?

Can anyone recommend the best BLS index between CPI-U, PPI, and ECI for looking at historical changes in labor rates for Professional Services?

Thanks

This is a very interesting topic "The ROI of Contract Management." I have thought numerous times as to how to quantify the merits of Contract Management to my peers who exist outside of the contract management world and have always had to revert to operational metrics : cost savings, cost avoidance, and a whole plethora of hypothetical scenarios of potential contractual landmines that were avoided because either my team or myself were able to navigate the transaction on behalf of the business. As I search for new approaches to sell the merits of contract management to the business I wonder has anyone had any success in identifying what I like to term as the "phantom metric" that the business will recognize on a primal level like direct cost savings or improved operational efficiencies. I think in a lot of cases we have to educate the business to help them recognize the gaps that contract management addresses in the first place which takes both time and an embrace of visionary ideals by the business.

What are potential dependencies on client in Shipment Costing component in SAP Project ?

CCM certification into the slide 'Acceptable levels of supplier profitability', it mentions the use of 'Open book accounting' strategy as a way to obtain an acceptable level of contract's profitability, ensuring that supplier profits are fair and reasonable. I would like to hear your opinion and experience as experts and as points of view of buyer (customer) about if this payment condition was favorable to project's productivity and financial. I have heard many controversy about this strategy some favorable and many on contrary.
I had the experience in a EPC contracts for a refinery upgrade that was converted from lump sum to this type of contract at detailed engineering stage, and the results was total reverse that expected, so contractors lost all initiative to improve, innovate or be competitive because all expenses was paid as reimbursable by man hours, the procurement was all reimbursable and likewise during construction, the quantity of workers were increased more than double from planned so the EPCM contractor requested more supervisors at field to improve productivity of construction contractor's. In fact, the construction contract was also as 'open book prices' by man hour, equipment hours, etc. My question is, it is not better to reduce the level of uncertainly at basic engineering extend it and launch a lump sum-unit price competitive EPC tender to obtain the maxim value of experience and knowledge from contractors, by innovating to improve design to optimize procurement and construction results instead? When customer use the 'open book strategy is not assuming all risk increasing scrutiny with a major level of supervision to guarantee the "acceptable" level of profitability? How can we define the "acceptable level of profitability"? What is the capability of contractor to create value and competitiveness when customer pays all as open book? How contractors can innovate or create value during desing when there is not any competition so price it will be paid 100 % as reimbursable?

In accounting, we consider all types of tangible and intangible assets to calculate the net income and to measure the overall performance of the organization. But why human resources aren't consider as an asset? Whether human resources are the most productive factor of the organization. If we can consider goodwill as an asset why can't we consider skilled manpower as an asset?
I will be glad to know your answers