The final product will be much better for it.
How long should contract negotiations last?
I always have my lawyer review anything I sign. I feel pretty confident about my skills after all these years. Term sheets address big picture items. I think of this initial stage of the negotiation process like dating. At this point, everyone should be happy! Make sure to stick to just the broad strokes at this stage. It will never work out. I recommend you start by tackling some of the easier aspects first.
Focus on gaining some momentum. Remember, the attitude with which you approach the process is crucial. Then, later on, you should bring up the difficult issues. How much do you stand to gain? You should have a concrete idea. Ask your partner for the information you need to help you make a determination. If your communication seems to be faltering, call the person!
The contract you end up with will be very different. Shake it off.
Everything is negotiable. Discussing an issue rather than going back and forth in print can help speed up the process. If your partner agrees to let your attorney insert the language you want into the contract, take full advantage of that. It can be helpful to have a partner. My wife is my partner. I consult her before committing to anything. I mean it. To be reasonable, you need to know what is actually reasonable -- so do your research.
Talk to some industry experts.
Flexibility and Efficiency are a Must
What can you expect? Actually listen to what they say. Never forget to think about your end game. What are you really after? How much do you want to make this partnership work? What are you willing to give up in return? These are important considerations -- considerations that may evolve over time.
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By giving your consent below, you are agreeing to the use of that data. This is intended to help developing country policy makers and administrators, and to provide information to other stakeholders, on both substantive and procedural approaches to agreements between such countries and the investors they seek to attract in the development of their potential oil, gas, and mineral resources. Background contained in this note will provide a broader context for options and approaches available in negotiating long term contracts.
This document identifies the key areas on which governments should focus during their negotiations of oil agreements.
It provides guidance regarding: who should be negotiating, over what issues, with what informational environment, and with what time horizon. Features such as contract structure are also examined and a set of especially tricky issues are discussed, including accounting standards; the role of social projects; health and environment concerns; stabilization clauses; and contract termination provisions. The guide focuses on a particular type of contract involving long-term leases of farmland. Part I, Preparing for Negotiations, is designed to assist in the preparatory phase.
Part 2, Model Contract , is structured like an investment contract for the lease of farmland and proposes model provisions. Many governments lack the experience or human resources to prepare effectively for a negotiation, and are unable to make the investments needed to overcome these difficulties. Yet without preparing properly, there is little hope of achieving the desired national and community objectives.
This guide provides a comprehensive approach that allows governments to set priorities and address critical issues in the preparation process. It will assist governments in developing internal capacity and understanding where outside experts can best help.
Common negotiation tactics for negotiating business agreements.
The guide addresses the process before negotiations begin, where the hard work gets done to lay the groundwork for a successful negotiation. A book created to highlight strong contract clauses and explore how others could be improved. It goes beyond legal considerations to explore the policy questions and company interests underlying contract provisions—issues that are crucial for understanding and negotiating contracts, and for monitoring their enforcement. Walk-through guide on oil contracts: what they are, who participates in them, how the revenues should be handled and divided, what the different impacts of an oil project are, what its role is in fostering economic development, and how disputes between parties can be resolved.
A guide that sets out and explains 10 principles that can help guide the integration of human rights risk management into contract negotiations. Public-Private Partnerships PPPs are now being used in many countries to develop infrastructure projects. Typically, PPP transactions are based on a network of complex legal agreements — however, at the center of each transaction there is normally a PPP Contract, in the form of a concession agreement or similar document, between a government or other public entity the Contracting Authority and a private company or a consortium of companies the Private Partner.
However, there may be merit in focusing on certain contractual provisions dealing with particular legal issues encountered in virtually every PPP Contract, such as the issues of force majeure, termination rights, dispute resolution, etc. The website offers an economic model that estimates expected cash flows for an upstream petroleum project petroleum exploration , development and production. Host governments can use it to increase their understanding of the revenue they can expect from the project at each stage.
Provides an easy-to-use resource on the rail industry—what it is and what it does best—and provides an experience-based set of best practices to aid in the planning and execution of railway reforms. Professionals and practitioners who could benefit from this toolkit include government policy makers, legislators, regulators, railway management personnel, international financial institutions, and other stakeholders-including railway customers and employees—who seek improvements in railway financial and operational performance.
This practice note looks at tax incentives in the mining sector. For many developing countries, receipts from mining are often a major source of revenue. The central task for policy-makers, therefore, is to design fiscal regimes for the mining industry that raise sufficient revenue, while providing adequate inducement to invest. Many times, governments have given tax incentives to mining investors that have turned out to be overly generous, forgoing significant tax revenues and sometimes resulting in conflict with investors.
Preventing similar occurrences from happening again demands sector-specific guidance on the design and use of tax incentives.
The goal of this practice note is that governments of resource-rich countries are better equipped to identify and cost potential behavioural responses by mining investors to tax incentives. These have been developed with a view to providing interested parties to energy-related projects with a neutral and non-prescriptive starting point for negotiations, and thus, facilitating project-specific talks. The Model Agreements were prepared based on best international practices and with the aim of reflecting as much as possible the interests of the different parties concerned.
Subsequently, the PMAs were revised and updated; this second edition was published in A guide that describes the common provisions that are included in mining contracts and provides some examples of key provisions. Provides an overview of how oil and gas agreements are structured: their common provisions, key terms in their negotiation, and the areas to cover in the negotiation process. This offers an investor-friendly introduction to how contracts in this industry are drafted.
A brief and clear introduction to the main issues to be considered when drafting a petroleum contract: type of agreement to enter into, taxes to apply, stabilization clauses to include, termination conditions, and so on. It can also serve as a guide for other large-scale investment projects.
For a power point presentation on the content of the paper, see here. It presents the top five positive outcomes and the five downsides from private sector investments in large-scale agricultural projects. The paper also proposes legal options to maximizing the main positive outcomes and minimizing the main downsides through better drafting of contracts between investors and governments for the lease of farmland. The Legal Framework Assessment provides a summary of key areas of a host country's existing laws that will need to be reviewed when a government embarks on an infrastructure project, particularly one involving the private sector.
In addition, checklists, model bid documents, examples of legislative provisions relevant to infrastructure PPP projects, and financing mechanisms for PPP projects are provided. MMDA 1. On one hand, MMDA 1. On the other hand, MMDA 1.