Contract Management

Journal of Strategic Contracting and Negotiation, Ahead of Print. <br/>Generative artificial intelligence (AI) is not new, yet it has recently experienced an explosion of interest and debate. Among the topics of concern is how it will affect human relationships and interactions and how organisations will deploy AI in conducting their external relationships. This paper addresses an ongoing experiment which explores the impact of AI in the field of negotiation. It provides initial observations on the use of machine learning in general and ChatGPT in particular in negotiated outcomes. We provide preliminary recommendations regarding the use of AI tools and systems in negotiation and pose questions related to possible future research.

Journal of Strategic Contracting and Negotiation, Ahead of Print. <br/>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.

Journal of Strategic Contracting and Negotiation, Ahead of Print. <br/>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.

Journal of Strategic Contracting and Negotiation, Volume 7, Issue 3-4, Page 149-168, December 2023. <br/>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.

Journal of Strategic Contracting and Negotiation, Volume 7, Issue 3-4, Page 125-148, December 2023. <br/>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’.