The main content of alliance negotiations and contract terms

  • Time: 2013-08-01 10:08:25
  • Source: SLEEING
  • Hit: 2751

1, the negotiations
Union negotiations generally in the corporate leadership and service implementation layer two levels, the former determine guidelines alliance, which determine the specific details. Enterprise leadership to guide second levels of negotiation, provide strategic guidance, second levels of negotiation to the enterprise leadership feedback information, until agreement is reached. The beginning of the negotiation, to sign a confidentiality agreement, to avoid improper disclosure of relevant information. In the negotiations, to have a win-win attitude, positive harmonic, solve their contradiction. In the negotiation process, should focus on the goal, content alliance governance structure, control mode, power and responsibility system, process control, interest distribution mechanism, control mechanism, risk settlement mechanism. Once found irreconcilable contradiction, should immediately stop the negotiation, not force an enterprise alliance.
2, the terms of the contract
The alliance of the enterprises there is a big difference in the aspects of scale, factor endowment, strategic goals, work in the absence of detailed specification of the circumstances, often lead to abuse, target difference, organization coordination difficulties of resources, and make the union eventually collapse. Therefore, in the negotiations, the union business needs with a strictly defined, clear objectives, taking into account the interests of all parties to the contract or agreement negotiation results confirmed.
Enterprise alliance contract (agreement) is a contract, the contract shall be agreed upon by the parties, the terms may refer to "contract law" provisions. Generally by the following terms: the names and addresses of the parties, in general, allied vision, stage goal, organization, performance evaluation standards, the profit distribution mode, control mechanism, risk alliance termination, liability for breach of contract, dispute settlement mechanism.
Because the enterprise alliance contract (agreement) abstract universality and content with the body, different enterprise alliance contract (agreement) in terms of specific differences. Such as, some contracts only in principle agreement, no specific content; others in the principle of agreement, the supplementary agreement between the relative specific content. In a word, enterprises should be based on the actual situation, working through the appropriate institutional arrangements to effectively reduce the conflict and opportunistic behavior, promote the enterprise mutual trust.

 

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