Contract Governance

Contract Governance PDF Author: Stefan Grundmann
Publisher: OUP Oxford
ISBN: 0191035297
Category : Law
Languages : en
Pages : 496

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Book Description
This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.

Contract Governance

Contract Governance PDF Author: Stefan Grundmann
Publisher: OUP Oxford
ISBN: 0191035297
Category : Law
Languages : en
Pages : 496

Get Book

Book Description
This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.

Contract, Governance and Transaction Cost Economics

Contract, Governance and Transaction Cost Economics PDF Author: Oliver E Williamson
Publisher: World Scientific
ISBN: 9813202076
Category : Business & Economics
Languages : en
Pages : 220

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Book Description
This book brings together a collection of seven papers on Transaction Cost Economics by Nobel Laureate Professor Oliver E Williamson. The applications of Transaction Cost Economics are extensive, ranging from the field of industrial organization and applied fields of economics such as labor, public finance, comparative economic systems and economic development, to the business fields of strategy, organizational behavior, marketing, finance, operations management, and accounting. In short, as Williamson states, "any problem that originates as or can be reformulated as a contracting problem can be examined to advantage in transaction cost economizing terms." What is referred to as New Institutional Economics is developed in the West in two mainly complementary ways: Property Rights Theory, and Transaction Cost Economics. Of the two, Property Rights Theory developed more rapidly. Transaction Cost Economics has nonetheless taken shape of late. In China, research on New Institutional Economics began in the 1990s and has grown rapidly since. China has similarly given much more attention to Property Rights Theory. Gengxuan Chen, the editor of this volume, recommends that China will benefit by bringing Transaction Cost Economics to bear. Simultaneously, for scholars who study the market economy, Transaction Cost Economics provides a very attractive way to explain the practice of the Chinese market economy.

Contract management with CATS CM® version 4: From working on contracts to contracts that work

Contract management with CATS CM® version 4: From working on contracts to contracts that work PDF Author: Linda Tonkes
Publisher: Van Haren
ISBN: 9401806861
Category : Education
Languages : en
Pages : 196

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Book Description
This book describes version 4 of CATS CM®. This methodology for contract management can be used in both private and public sector organizations, and is valid for both demand and supply side. Contract management is the realization of intended contract objectives by proactively monitoring the fulfillment of all contractually established responsibilities, obligations, procedures, agreements, conditions and rates, resolving all ambiguities, contradictions and white spaces, managing all contract-related risks, and implementing all desired changes to the contract, during the execution phase. CATS CM® offers a methodical and scalable approach to contract management. It provides a description of the principles, roles, and main issues for the contract manager and the best way of working. In addition to a description of the methodology, CATS CM® version 4 also offers specific tools for implementing contract management, for policy as well as for processes. Increasingly, organizations recognize the importance of being in control of their business ecosystem. CATS CM® assists organizations to increase control of their joint responsibility both from a procurement and delivery point of view. A large number of organizations have chosen CATS CM® as the standard for their contract management processes. This new version of CATS CM® has been developed with these various practices in mind. CATS CM® version 4 is based on the principle that the management of a contract in execution has strong similarities on both sides of the contract, i.e. demand and supply; both can best be described as working in conjunction with each other. This book is intended for all who are responsible for, or deal with the execution of contracts: contract managers, business managers, delivery managers, project managers, service managers, facility managers, buyers, procurement managers, compliance managers, risk managers, account managers, sales managers and HR managers, along with their directors and board members on both sides of the contract.

Fundamentals of Contract and Commercial Management

Fundamentals of Contract and Commercial Management PDF Author: International Association for Contract and Commercial Management
Publisher: Van Haren
ISBN: 9087537123
Category : Education
Languages : en
Pages : 272

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Book Description
This ground-breaking title from the world’s leading authority on contemporary contracting best practices, the IACCM (International Association for Contract and Commercial Management) delivers a lively and practical complete insight into the contracting process which is useful in both business and personal life. Contracts are the language of business, and this book gives readers the essentials that can make a difference to any deal, no matter how big or small. Designed for the non-contract business professional, this book takes project managers and other professionals through the basic process and gives them a road map to improved results, increased value, and successful outcomes In this book you’ll find sensible guidance and approaches to ensure business success. Case studies showing you what can go wrong – and what can go right -- bring theory into the real world. Checklists give confidence and enable you to be certain that you have asked and answered the right questions as you go through any deal. This real-world approach demonstrates the value of effective contracting. This is not dry, academic prose. It is compelling and dynamic advice and tools to manage business relationships for both buyers and sellers.

Contract Management of Medical Services

Contract Management of Medical Services PDF Author: Great Britain: National Audit Office
Publisher: The Stationery Office
ISBN: 9780102977288
Category : Medical
Languages : en
Pages : 40

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Book Description
The Department for Work and Pensions relies on medical assessments to help its decision makers reach an appropriate decision on a customer's entitlement to a wide range of benefits. From April 2013, a new medical assessment will be introduced for Personal Independence Payment. A procurement competition is underway to appoint service providers for this. The Department's contractor for medical services, Atos Healthcare, completed 738,000 face-to-face medical assessments in 2011-12 and charged the Department £112.4 million. This performance review examines the Department's contract management and wider strategy for the supply of medical services, including the Department's contractual relationship with Atos Healthcare; the performance management of Atos Healthcare; the future contracting strategy. Amongst key findings, according to the performance data provided, is that Atos Healthcare has not routinely met all the service standards specified in the contract. This report makes a number of recommendations to strengthen existing governance arrangements; to improve performance monitoring and to strengthen the Department's commercial strategy

The Politics of Private Transnational Governance by Contract

The Politics of Private Transnational Governance by Contract PDF Author: A. Claire Cutler
Publisher: Routledge
ISBN: 1315409550
Category : Political Science
Languages : en
Pages : 308

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Book Description
This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

Contract management in project management and service management - the CATS RVM® methodology

Contract management in project management and service management - the CATS RVM® methodology PDF Author: Linda Tonkes
Publisher: Van Haren
ISBN: 9401810508
Category : Business & Economics
Languages : en
Pages : 331

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Book Description
This book describes the CATS RVM methodology that proposes realization and verification management as a way to establish the relationship between contract management and project and service management. The CATS RVM methodology can be applied within public and private organizations, by and for clients and suppliers. Realization and verification management is the realization of the objectives intended with the contract. It does this by proactively realizing and verifying the performance stipulated in the contract during the execution phase of a contract, managing all risks associated with the performance, setting up all delivery processes, coordinating applicable delivery management processes between client and supplier, and preparing for these activities prior to the execution phase. CATS RVM offers a methodical approach to managing contracts in project and service management. It describes the basic principles, the roles, the points of attention for the realization and verification manager in the domains of delivery management and contract management, and the recommended way of working. In addition to a description of the methodology, this book also provides a description of the most common delivery management processes in both service and project management. The CATS RVM methodology is aligned with the best practice contract management methodology CATS CM as described in the book CATS CM® version 4: From working on contracts to contracts that work. However, it can be read completely independently. Where relevant, parts of CATS CM are also described in this book. This book is suitable for anyone involved with purchase and/or sales contracts in the provision of services, products or projects. This includes project managers, service managers, facility managers, those responsible for a technical service, and those responsible for the provision of HR services. This book also contains much useful information for those who work in adjacent domains such as contract management, procurement, sales, risk management, or compliance, and anyone who is responsible for contracts in a more tactical or strategic role.

Information and Business Intelligence

Information and Business Intelligence PDF Author: Xilong Qu
Publisher: Springer
ISBN: 3642290876
Category : Computers
Languages : en
Pages : 780

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Book Description
This two-volume set (CCIS 267 and CCIS 268) constitutes the refereed proceedings of the International Conference on Information and Business Intelligence, IBI 2011, held in Chongqing, China, in December 2011. The 229 full papers presented were carefully reviewed and selected from 745 submissions. The papers address topics such as communication systems; accounting and agribusiness; information education and educational technology; manufacturing engineering; multimedia convergence; security and trust computing; business teaching and education; international business and marketing; economics and finance; and control systems and digital convergence.

Contract Management

Contract Management PDF Author: Alain Brunet
Publisher: Springer Nature
ISBN: 3030680762
Category : Law
Languages : en
Pages : 292

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Book Description
This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.

Handbook of Research on Transforming Government, Nonprofits, and Healthcare in a Post-Pandemic Era

Handbook of Research on Transforming Government, Nonprofits, and Healthcare in a Post-Pandemic Era PDF Author: Howard, Joanne E.
Publisher: IGI Global
ISBN: 1668423162
Category : Political Science
Languages : en
Pages : 616

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Book Description
The COVID-19 pandemic has offered the world and its governments many challenges in how they will conduct their responsibilities and best assist their citizens. The COVID-19 pandemic not only brought a global health emergency, but also helped to shed light on systemic inequalities, caused conspiracy and distrust within the masses, and exhausted global health services. The government and nonprofit sector, including healthcare, education, and social service organizations, will have to utilize the best practices, greater collaboration, and joint venturing to survive post pandemic. The Handbook of Research on Transforming Government, Nonprofits, and Healthcare in a Post-Pandemic Era serves as a resource for those in education, healthcare, government, social service, and other nonprofit organizations who wish to advance their missions in an age of uncertainty. It further discusses how democracy can continue to advance the world, its countries, and the way that we see one another. Covering topics such as BIPOC academic leaders, economic development, and health science education, this premier reference source is an essential resource for government officials, public administration, community leaders, advocacy networks, social service organizations, hospital administrators, health officials, medical professionals, students and faculty of higher education, researchers, and academicians.