Journal of Strategic Contracting and Negotiation最新文献

{"title":"Evaluation of delays in technical approval of UK Highways Act Section 278 projects","authors":"Meghdad Bagheri, Edward Bate","doi":"10.1177/20555636241246192","DOIUrl":"https://doi.org/10.1177/20555636241246192","url":null,"abstract":"This paper attempts to address the causes of delays to the legal and technical approval processes involved in the creation of agreements authorising works to public highways under s.278 Highways Act (1980) specific to Warwickshire County Council, UK, and whether the type of contract (JCT or NEC) or s.278 agreement (minor or major) has any tangible influence. A series of questionnaires and interviews were carried out on a sample group of individuals including designers, developers, construction lawyers and council engineers with extensive industry experience in relation to s.278 legal, technical, construction and adoption processes. The results revealed the key causes of delays, and therefore, the barriers to prompt and efficient approval processes, as the lack of communication between developer and local authority, inexperienced developers’ engineers, poor quality drawings and insufficient information in the local authority's design guide. These key factors are discussed and recommendations are provided to tackle these issues.","PeriodicalId":290697,"journal":{"name":"Journal of Strategic Contracting and Negotiation","volume":"22 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141120638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Disrupting MMORPGs gaming: Exploring and renegotiating end-user license agreements in the Metaverse","authors":"Pin Lean Lau","doi":"10.1177/20555636241246188","DOIUrl":"https://doi.org/10.1177/20555636241246188","url":null,"abstract":"This paper explores key legal issues surrounding gaming platforms that provide/host Massive Multiplayer Online Role-Playing Games. Since we are entering the next epoch of the Internet, Web3.0 – and the emergence of Metaverses that operate within this space, this paper conducts an inquiry into the key facets of end-user license agreements (EULAs) used in the platforms that may likely need to be renegotiated. Firstly, how do we reconcile the legal regulatory status of gaming platforms in a decentralized Web3.0 Metaverse? Secondly, how can the rights of end users of gaming platforms be protected vis-à-vis the EULAs in this space? And thirdly, what specific aspects in existing EULAs are likely needed to be renegotiated in light of a decentralized Web3.0 Metaverse? This paper will utilize a case study using the EULAs of Blizzard Entertainment Inc. and provide a possible reformulation of specific terms and conditions of EULAs.","PeriodicalId":290697,"journal":{"name":"Journal of Strategic Contracting and Negotiation","volume":"14 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141119570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sustainable and smart: Exploring the nexus between blockchain and sustainability in inter-organisational collaboration","authors":"Yuko Ishibashi, Mehdi Shiva, Franziska Rosenbach","doi":"10.1177/20555636231225608","DOIUrl":"https://doi.org/10.1177/20555636231225608","url":null,"abstract":"This exploratory study examines the nexus between blockchain and collaboration towards sustainability, which has been largely understudied despite advances in understanding blockchain technology. The urgency of sustainability objectives presents an opportunity to explore blockchain’s potential as a collaboration enabler. The study investigates the opportunities and challenges associated with blockchain’s use in this context to understand the relevance and conditions for its adoption. The research draws on original survey data and insights from expert interviews, making two significant contributions: (i) expanding on the limited literature on stakeholder perceptions of blockchain, and (ii) providing a framework outlining the conditions under which blockchain may support stakeholders initiate, manage and evaluate collaborative activities. The study’s findings are illustrated with reference to the challenges of broadening and deepening collaboration towards sustainability and can inform decision-making processes related to the adoption of blockchain technologies.","PeriodicalId":290697,"journal":{"name":"Journal of Strategic Contracting and Negotiation","volume":"293 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140473495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Navigating contract renegotiations with sustainability at the helm: Societal benefits and transaction costs","authors":"F. Domingos, Carolyn J Heinrich, Stéphane Saussier, Mehdi Shiva","doi":"10.1177/20555636231222171","DOIUrl":"https://doi.org/10.1177/20555636231222171","url":null,"abstract":"Public procurement and cross-sector collaborations in national economies offer the opportunity for advances in sustainability practices, including through sustainability-related renegotiations during the execution of public contracts. Using rich, granular data from contract modification notices made publicly available by the European Union (EU) tenders electronic daily (TED), we investigate whether sustainability-related renegotiations, apart from generating positive environmental externalities, also limit ex-post transaction costs associated with contract renegotiations. Transaction costs are assessed in our study by the sentiment of renegotiations (negative or conflictual) and potential red flags associated with overly costly adjustments. Our findings suggest that regardless of whether contracts were initially focused on sustainable issues or not, sustainability-related renegotiations could have the dual benefit of a priori reducing environmental externalities while further limiting ex-post transaction costs associated with contract execution. More generally, contract modifications (renegotiations) may be under-utilised in public procurement contracts given their possible ‘double dividends’.","PeriodicalId":290697,"journal":{"name":"Journal of Strategic Contracting and Negotiation","volume":"10 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140489665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Equitable access to COVID-19 vaccine distribution – the case of the Andean Community","authors":"Dhanay M. Cadillo Chandler, Jouko Nuottila, R. Ballardini","doi":"10.1177/20555636231209947","DOIUrl":"https://doi.org/10.1177/20555636231209947","url":null,"abstract":"The COVID-19 pandemic has shown how equitable vaccine distribution still remains unaccomplished. While access to COVID-19 vaccines has been efficient in the EU, the Latin American situation is very different. For example, the Andean Community reports that, as of December 2022, 83% of the population had received at least the first dose of the vaccine while only 43% had received the third dose ( http://www.orasconhu.org ). Motivated by the challenges and successes endured by countries in the Andean Community vis-à-vis the EU during COVID-19 vaccine roll-outs, we analyse key legal, policy and management factors affecting vaccine equity. We are especially critical of the strategy followed in the Andean Community, namely, of increasing dependency on imports and donations instead of harnessing other more effective policies. We highlight the specific role of the factors identified in achieving coherent policy strategies and propose recommendations to promote equitable vaccine distribution in the Andean Community, and beyond.","PeriodicalId":290697,"journal":{"name":"Journal of Strategic Contracting and Negotiation","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139248583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Proactive legal design—making sustainability visible and monitorable in SME loan agreements","authors":"Piia Kaave","doi":"10.1177/20555636231209217","DOIUrl":"https://doi.org/10.1177/20555636231209217","url":null,"abstract":"According to the European Commission's Sustainable Finance Strategy, the financial system has a key role to play in promoting sustainable development toward a greener and more sustainable economy. Small and Medium-sized Enterprises (SMEs) represent over 99% of all European businesses and are responsible for around 60% of all business greenhouse gas emissions. Small and Medium-sized Enterprises are therefore crucial to the success of the European Union's sustainability transition. The share of sustainable finance for SMEs will grow both as a result of increasing sustainability legislation and the expectations of customers and stakeholders. However, integrating sustainability can be challenging for SMEs due to limited resources and expertise. The article highlights the importance of clear, transparent, and implementable contract documents as tools to enhance sustainability in financing. Proactive contracting and legal design approaches are discussed as means to transform contracts into management and communication tools, to promote sustainable business practices.","PeriodicalId":290697,"journal":{"name":"Journal of Strategic Contracting and Negotiation","volume":"32 1-2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139252929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Toward environmentally sustainable supply chains: How contract management can help companies along their transformation journey","authors":"Suvi Hirvonen-Ere, A. Bask","doi":"10.1177/20555636231194573","DOIUrl":"https://doi.org/10.1177/20555636231194573","url":null,"abstract":"With the European Union having set ambitious environmental policy targets, company executives face mounting pressure to reach their sustainability goals. While expanding the contract-management process's utilization may hold promise for accelerating sustainable development throughout the contract lifecycle (from the pre-award through the post-award phase), the literature has afforded it little attention. Building on contingency theory and a qualitative multiple-case-study method, the paper examines how the contract-management process could proactively enhance the necessary shift to environmentally sustainable supply chains. Further, the authors explore whether contract management as a contingency variable could exert a positive influence on the sustainability practices followed in supply-chain relationships and, thereby, on sustainability performance. The preliminary findings indicate that, while expanded utilization of contract management remains modest, it already shows potential as a future success factor for companies on their journey of transformation in pursuit of sustainable supply-chain relationships. As a contingency factor, contract management might be able to make an impact by embedding sustainability in the contract process from the supplier-selection phase onward while also contributing to the final contract's solid inclusion of sustainability-related duties for the parties, whether in the main contract or via appendices. Accordingly, the authors suggest multiple, parallel avenues for future development.","PeriodicalId":290697,"journal":{"name":"Journal of Strategic Contracting and Negotiation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122593361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal design for indigenous communities: A case within the carbon credit market","authors":"Erik Fontenele Nybo, Mariana Moreno de Gusmão Cunha, Jeronimo Pinotti Roveda","doi":"10.1177/20555636231184152","DOIUrl":"https://doi.org/10.1177/20555636231184152","url":null,"abstract":"Traditional contract architectures and structures do not address indigenous communities’ needs and can hinder them from accessing justice. As indigenous communities have a growing stake in current business deals and structures, they have been misrepresented in negotiation and contracting processes. Access to justice does not only mean the right to file a lawsuit or go to court, but for a person to effectively understand and exercise their own rights. Therefore, traditional standard contracts are not proper business instruments to deal with the growing business opportunities presented to indigenous communities today. Those standards have historically been created to cover corporate needs, generally comprising a homogeneous group of people. Therefore, such contracting instruments keep such communities from accessing justice. This article explores the resources that legal design techniques present to create more accessible documents as a tool for social justice. By using a different and innovative contract architecture, design features, and user experience (UX) principles, documents may increase empathy for their users, diminish sales cycles, and avoid conflicts during negotiations. Legal design techniques applied to a carbon credit generation agreement during a negotiation between a Colombian company and a Brazilian indigenous community led to the closing of a fair deal, respecting the community's interests. This article explores the resources used in the contract and its results. The analysis also explores a prior attempt to use a standard document version, which created resistance from the community's leaders to negotiate the deal due to its structure and language. The language and structure used in the traditional contract model led to misinterpretation, mistrust, and communication problems between the parties, hindering them from closing a deal. Such a case demonstrates that legal design can benefit any group in which legalese can represent a barrier to the full understanding of a document. By using UX and design principles to better organize content and make it clearer to a document's user such resources help them fully exercise their rights. In addition, this case advocates for the use of legal design for documents that aim at other minority groups as their end users.","PeriodicalId":290697,"journal":{"name":"Journal of Strategic Contracting and Negotiation","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124791637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Elasticity for computable (re)insurance","authors":"Megan Ma, Klaudia Galka","doi":"10.1177/20555636231180817","DOIUrl":"https://doi.org/10.1177/20555636231180817","url":null,"abstract":"Elasticity offers contractual parties the linguistic space to manage the unknown. While this has historically operated as a powerful tool in negotiation, elasticity has also behaved as a double-edged sword. That is, elastic language facilitates the present, but does not account for the future. In this article, we consider that by understanding the role of vagueness in contracts, and in effect, making the implicit explicit, it may be more rewarding strategically for contractual parties in the long term. Specific to the context of reinsurance, we notice that elasticity may be regarded as a mirror to negotiation dynamics, traceable by the linguistic complexity of contractual clauses. Therefore, a determination of elasticity, through a diagnostic tool, can offer insights to enable for more intentional drafting and certainty at the contract performance stage.","PeriodicalId":290697,"journal":{"name":"Journal of Strategic Contracting and Negotiation","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122863077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Proactive contract theory in the context of corporate sustainability due diligence","authors":"Juho Saloranta, Anna Hurmerinta-Haanpää","doi":"10.1177/20555636231165901","DOIUrl":"https://doi.org/10.1177/20555636231165901","url":null,"abstract":"The article discusses how proactive contract theory could be used to translate the ambitious objectives of the European Commission's current draft proposal on corporate sustainability due diligence into actual business practices in complex value chains and networks. Proactive contract theory regards contracts as legal, economic, managerial and social artefacts that should be designed to prevent undesirable results and promote favourable outcomes. Moreover, the theory highlights the need for multiprofessional collaboration and user-centricity in contract design. Based on these principles, we introduce four ways to promote corporate sustainability due diligence in supply contracts via proactive contracting: turning from one-sided safeguarding towards shared responsibility and collaboration, incentivizing responsible and sustainable business practices via promotive contract clauses, engaging end users in the contract design process and preventing disputes.","PeriodicalId":290697,"journal":{"name":"Journal of Strategic Contracting and Negotiation","volume":"48 Suppl 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133972963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}