Contracting Excellence Journal

How to apply force majeure clauses under the Covid new normal? Part 1

Posted by Mohit Khullar Head - Management Services, SMEC (India) – a Surbana Jurong Group Company
Aug 20, 2021 9:58:33 AM

Part 1, the first of a two-part series about surviving the effects of the pandemic in India, focuses is on force majeure’s impact on contract management’s effectiveness in India. Part 2 surrounds how the supply chain solution under the pandemic impact and why it’s time for India to “think beyond its border.”

COVID-19 MITIGATION INFRASTRUCTURE CHANGES INDIA NEW NORMAL UPDATED POLICY

Posted by Pallab Mukherjee, Head of Compliance & Corporate Governance, Bahrain National Gas Company (B.S.C)
Aug 20, 2021 9:50:56 AM

In a recent case¹ involving a contract for sale of fuel oil, the question before the court was whether a bespoke clause (related to product quality certificate) was supplemented or negated by a clause of the standard British Petroleum (BP) conditions that were incorporated into the contract. The cardinal question was, could have the two clauses been fairly and sensibly read together so as to give effect to both of them?

CONTRACT TERMS COURT CASE SEPTO TINTRADE

Posted by Nancy Nelson, International Contract Management Consultant and President, ABiz Corporation
Aug 20, 2021 9:46:16 AM

I know most people like common or round numbers, so just in case you are wondering why I don’t cite 5 or 10 reasons instead of 7 -- well, I could. But I like to work outside my comfort zone. Your other question might be “why focus on the reasons for not purchasing a contract lifecycle management system (CLMS)?” Simply put, most consultants or system suppliers focus on devising compelling reasons to buy a system and may even portray those collectively as a “solution” to all your contract management problems (yes, I said “problems”, not “challenges” as most consultants like to say).

contract lifecycle management CLM CLM CHALLENGES

Posted by Richard Patterson, Procurement Specialist at Mott MacDonald and Peter Higgins, NEC4 Contract Board Chair
Aug 20, 2021 9:41:11 AM

This article, first published in the NEC Users’ Group Newsletter, is reprinted by permission of the New Engineering Contracts (NEC)¹ journal.

In 2009, Richard Patterson published an article on using NEC outside the UK.² It followed a report in 2008 appearing in the International Construction Law Review³ authored by Humphrey Lloyd QC, one of the world’s leading international construction law experts. He concluded NEC3 contracts were suitable for worldwide use (Lloyd, 2008).^4/5

NEW ENGINEERING CONTRACTS NEC Y CLAUSES DISPUTE RESOLUTION

Posted by Piotr Powązka, Contract Management and Data Protection Advisor, at ERATRUST.PL
Aug 20, 2021 9:29:30 AM

In July 2020, the Court of Justice of the European Union (CJEU)¹ issued the Schrems II judgment (C-311/18)² invalidating the European Commission's (EC’s) decision (2016/1250) on the adequacy of the data protection provided by the EU-US Privacy Shield.³ But equally important, this judgment more broadly defined the impact of data transfers⁴ on third countries cited in the GDPR.⁵ This will profoundly impact commercial and contractual solutions and obligations. You need to act now to avoid regulatory and commercial issues.

DATA PROTECTION STANDARD CLAUSES DATA TRANSFERS SCHREMSII

Posted by Pallab Mukherjee, Head of Compliance & Corporate Governance, Bahrain National Gas Company (B.S.C)
Jul 30, 2021 10:34:26 AM

The legal opinions in this article are the author’s own, not WorldCC’s, and this is not legal advice.

ENGLISH COURT LEASES SALAM AIR PAYMENTS LATAM AIR OMNI REGS

Posted by Carmen Elena Sandoval, Freelance Contract Manager Consultant, Independent, Río de Janeiro
Jul 30, 2021 10:26:42 AM

For years, international organizations have created various regulatory frameworks for determining how their business and contracting activities impact society and the environment. And, although corporate social responsibility¹ has increased our awareness, business decisions and inherent operations have failed to adopt the important mindset and critical information we need today to get our complex jobs done. This article evaluates how we can use better strategies that have emerged from lessons learned including unexpected losses from the COVID-19 pandemic.

BUSINESS CONTEXT STAKEHOLDER CONTEXT SUSTAINABLE DEVELOPMENT MAXIMUM VALUE CREATION

Posted by Brad Smith, Technology Expert at TurnOnVPN
Jul 30, 2021 10:10:07 AM

Let’s say you’ve invested a tremendous amount of time, energy, and money into your startup business. Your groundwork is finished. Your careful planning and investing have been all about growing all opportunities to their fullest potential. But if you haven’t yet considered cybersecurity, it’s time to set up the best protection for it now, from its inception. Here are the top strategies you can use now for bulking up your startup’s cybersecurity.

MALWARE STARTUP CYBERSECURITY RISKS PHISHING SCHEMES

Posted by Richard Mabey, CEO & co-founder of Juro
Jul 30, 2021 10:01:30 AM

When management at Juro launched a new privacy policy and saw a 13,000% increase in views on the internet, they were shocked! “Not bad for a document that no-one usually reads,” Richard Mabey commented in looking back on Juro’s success story that he describes in this article. Within it, you will find what led to that success and you can download free documents for creating a privacy policy that’s understandable for anyone.

LEGAL CLARITY privacy policies CONTRACT CLARITY TEMPLATE CREATION

Posted by Milva Finnegan, Doctorate of Science, Economics, University of Vaasa, Finland. CEO Karhu, LLC, & Nitsa Einan, CEO and Co-founder of Agreemap
Jun 29, 2021 7:16:21 AM

Effective communication is essential for establishing successful relationships, and yet communicating clearly to the intended audience is one of the most neglected parts of contract drafting. We believe a contract map will help you overcome the pain of dealing with incomprehensible contract legalese and overly complex documents and processes. Most contracts are difficult to read, comprehend, and use for many stakeholders who rely on them to perform their jobs. A contract map will help you accelerate upfront the contract development process. For best results, you will want to focus on a user-centered design approach to improve communication and avoid future misunderstandings and costly disputes.

contract simplification ELIMINATING COMPLEXITY AGREEMENT MAPS CONTRACT TECHNOLOGY USER-CENTERED CONTRACT DESIGN CONTRACT BUILDING BLOCKS

View all articles Next ›

Contracting Excellence Journal

Articles, news and insights from World Commerce & Contracting staffers and over 70,000 Members.

How to apply force majeure clauses under the Covid new normal? Part 1

Conflict of documents: The approach to determine any inconsistencies between bespoke terms and standard contract forms stands clarified, once again!

Seven reasons a CLM System is NOT the answer to your contract management problems

Using NEC outside of the UK - an update

Schrems II judgment will impact international personal data transfers – why you should act now

A “hell or high-water” payment clause means what it says!

Building your team to maximize sustainable value

Best strategies for securing your startup

How we created our world-famous privacy policy - and why we're giving it away

Using a contract map to outsmart contract complexity

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