Contracting Excellence Journal

Resolving lessons truly learned must start and end with change

Posted by Tamara McMahon
Sep 30, 2021 8:37:39 AM

As you know, during 2020, the global pandemic caused many companies to decentralize their workforces to adjust for employees working remotely, being forced to quickly transition from comfortable office settings, to smaller, sparsely populated, remote workspaces. Throughout that time, adjusting to this change resulted in some mistakes made followed by lessons learned. But perhaps the hardest thing now is to continue taking corrective actions as we may soon face a compounding, pandemic threat -- the delta variant!¹ So, how can we combine interpersonal communication with lessons truly learned to get solutions that really stick – even during an uncertain future?

CONFLICT RESOLUTION CONTRACTING CHANGE REMOTE WORKING COMMUNICATIONS PLANNING

Posted by X. Paul Humbert, Esq., President and Managing Director of The Humbert Group, LLC.
Sep 30, 2021 8:34:00 AM

What follows is a redaction of my book titled What CFOs Need to Know About Supply Chain Transactions and How Their Risks Should be Managed.¹

RISKS CFO ERRORS SCORECARDS SUPPLY CHAINS CFO ROLE

Posted by Gordon Donovan, Fellow of CIPS MSc, Intelligent Spend Evangelist, SAP Ariba and SAP Fieldglass
Sep 30, 2021 8:28:33 AM

…What do you want Burr?

If you stand for nothing, then what'll you fall for?

I wanna be in the room where it happens…¹

Procurement lives in the room where it happens, but the real question is, how do we stay there? Having been central to organizations’ COVID-19 survival over the last 18 months, today’s procurement is discovering new sources of supply; helping their supply partners with financial stability; building flexibility into the process; and solving problems creatively. But to continue moving ahead we must keep learning from past challenges to stand ready for unanticipated future events! This article reflects on how companies have improved procurement strategies and benefitted from those changes.

PROCUREMENT CHANGES supplier management MCKINSEY RESEARCH PROCUREMENT CHALLENGES SUPPLY DISRUPTIONS

Posted by Ama Zbarcea, Founder & CEO at Opsygen, UK
Sep 30, 2021 8:21:49 AM

As technology advances and we are dazzled by Artificial Intelligence (AI) robots that can do lots of fancy things, many companies are still struggling with managing shared folders and Excel spreadsheets. Don’t get me wrong, I love fancy technology as much as the next person (probably more), but in reality, so many people and companies haven’t yet mastered the basics. And that’s ok. It’s not too late to start.

ai NEGOTIATION CYCLES mapping INFOGRAPHIC

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

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Contracting Excellence Journal

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

Resolving lessons truly learned must start and end with change

How can Chief Financial Officers (CFOs) prevent repeated mistakes with supply chains & risk management transactions?

In the room where it happens

New infographic designs the right solution

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!

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