The importance of assessing quality of Artworks

in Art Gallery’s contract

 

STUDENT PAPER

By Louison Marguerite

SKEMA Business School

Lille, France

 



ABSTRACT

Although artworks have been traded all around the world for decades and represent a huge market, the notion of quality linked to the process and the criteria evaluation is often under estimated and neglected. Indeed, the contracts often do not precisely describe the investment, other than monetary, that the Art Galleries should show during the project to ensure its success.

It will be ideally necessary to add more quality measurements in the existing agreements or directly news clauses within contracts that are can be adapted for improving the assessment of quality of artworks and of the process, which can be considerate as a part of the artwork itself.

This paper aims to analyse different alternatives found using a multi-attributes decision analysis method. From the various suggestions, one of the options seems to be the best solution for assessing quality. The communication and the implementation of clear milestones between owners and contractors clearly established quality assurance criteria are a significant success factor within a project. Indeed, if both owners and contractors are responsible for establishing quality control measures and maintaining quality assurance within the entire process in the project and agree upon quality control milestones, this may result with a better project execution, reduction of the complaints between the parties, increase the communication efficiency and reduce tension.

Key words: Quality assurance, product quality, quality process, quality criteria, artworks

INTRODUCTION

With 2016 auctions that total $ 12.45 billion with 675,500 lots sold + 11% of lots sold in the West (USA + 24%, UK + 27%), Arts markets represent a huge place for trade exchanges worldwide, also, to secure all the parties involved in these exchanges, there is an important need for contract agreements. Moreover, regarding the countries, the different new art movements and the social evolution of the common perception of artworks new standards and contracts has to be determined. For instance, last year The England Arts councils decided to impose new quantitative measures of arts quality and redefined all its quality assessments basis, such a decision underlines the need for some parties to improve the existing basis to protect their investments and works. That’s why here I will try to understand the mechanisms used to evaluate quality of artworks.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction and skilfully execution; it represents the wise choice of many alternatives,” noticed William A. Foster. To give a general definition, quality refers to a standardized attribute which permits one to describe something or someone. In artworks, value does not only depend on the singular and subjective appreciation of each; on the contrary, they have quality criterions that can be noted and quantified in order to give real value to these works: materials used, techniques apprehended, renown of the artist, and so on.  The Painter Balance, realized by Piles in 1708, enumerated the 4 main principles to reach the level of quality expected for the product. That Balance is still used today but has evolved regarding the novelties in artworks.

However, the standards may vary regarding countries and institutions: The Culture Minister define some rules that will have a huge impact on the institutional market, while the Merchant market might have different expectations and appreciations. Here we will focus on the Merchant market and more specifically on the Art galleries’ contract.

By making the present study my objectives are to underline the importance of quality in Art Gallery contracts as a mean to evaluate the value of the artwork but as well to secure the payment and to promote new artists. My focus will be on quality process, assurance and on the quality of the product delivered. How does a poor-quality process affect a product even if the primary material’s quality is high? Is a good process being enough to reach the product quality? Finally, this paper seeks to answer to: How to be sure that the expected product quality and quality process will be delivered?

In this paper, we will make a comparison between Art Galleries’ contracts and some baseline documents such as Public Art Guideline and Criteria, CSI Manual, CD ROM. The objective of this paper is to find Art gallery’s contracts strength and opportunities as well as weaknesses and threats to try to give recommendations to improve the quality aspects in contract’s and provide beneficial outcomes.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].



About the Author


Louison Marguerite

SKEMA Business School
Lille, France

 

 

Louison Marguerite was born in Caen, a little city located in Normandy, France. An active child that loved to read comics and invented games to play with her little brother, she learned piano and practiced Taekwondo, a Korean martial art, for five years. During weekends her parents took her to many Art exhibitions, which is why, artworks are a centre of interest. She completed her studies in Caen before moving to Lille and integrating at Skema Business School.

Currently, she is a student following an MS in Project and Program Management and Business Development at SKEMA Business School.  In the High School Program, at Lille, she chose to follow that master mostly because she liked the idea that each project she might work on would be unique and because of the time limited aspect of projects. She was lucky enough to travel a lot during her studies thanks to a semester abroad and a gap year, especially in Asia (China, South Korea, Laos and so on). That enabled her to accumulate experience as community manager and CRM and increased her interest in discovering other cultures and traveling worldwide. Fond of culture and history, she plans to work in foreign countries to discover new approaches and developed my personal adaptation skills few years after my graduation.

Aware that hard work gets results, she is energetic and diligent. Naturally curious of everything, Louison loves learning and considers that being positive in life is one of the keys for doors to open. Her ambition is to make every day worth living, whether it manifests itself at work or through passions.

 

 

Companies and ethic/sustainability aspects

through Corporate Social Responsibility

 

STUDENT PAPER

By Marie Dasque

SKEMA Business School

Lille, France

 



ABSTRACT

As big companies have been facing many issues on ethic or sustainability aspects that put them into embarrassing positions with their stakeholders, corporate social responsibility (CSR) gets more and more attention with companies are government legislation.

The purpose of this work is to analyze if those regulation works effectively and if in this way sustainability performance has raised or not, and what can companies do according to the result.

In this paper, we have used a comparison method about the alternatives we proposed to face weaknesses in CSR in contracts.

The main findings of this analysis showed us that the bets alternatives for the companies would be to get a sustainable procurement response.

This represents such efforts but many solutions remain and companies can have the all control on it and could benefit from many tools.

Key words: Corporate Social Responsibility (CSR), Social contractuel clauses (SCC), Social engagement, Environmental engagement, Contracts’ regulation and laws, Ethical requirements

INTRODUCTION

Apple, in its 2017 CSR report is writing: “Apple Inc. is committed to protecting the environment, health, and safety of our employees, customers and the global communities where we operate”.

Nowadays, we witness an increase of awareness of CSR in countries and companies, an approach that evaluates and takes care of the social and environmental impact of business practices. Companies and government with laws to discourage unethical behavior have both evolved in a positive way to reverse the trend. The improvement of CSR strategies related to Project Management brings many changes in contracting’ scope for a company. In fact, contracts correspond to the objectives of a project, the way stakeholders will manage it, what they are obliged to do and what is forbidden. Then, as far as CSR is progressing, contracts are evolving too, with more ethical and sustainable clauses than before. To make progress on it, companies and governments mention new topics such as Ethical requirements, Sustainability contractual clauses (SCC), promotion of social and environmental standards etc. However, despite these positive changes, many issues remained on adapting sustainable and ethical ideas in global and constantly changing market and businesses. To survive in a very competitive world, companies need to provide projects (products or services) with the highest quality, in the shortest time and at lower price. Then, that “law” sometimes led companies to act in an unethical and unsustainable way when contracting.

For example, bid shopping might be in practice coming from the contractor to get the best price and the subcontractor to get the contract might use bid peddling. Even if regulations occurred to stop those business fashions, they still remain used. Another example would be regulations in countries: To get more benefits, and win time avoiding administrative issues in their own countries, companies often outsource with business ‘partners abroad for cheaper labor, where the subcontractor might not have the same contract regulations as in his country.

This is one of the biggest problems in sustainability clauses in CSR. In fact, disparity remains between countries. While states (developing countries most of the time) are more and more introducing CSR and with ethical and sustainable values in their government policies, companies do not have the possibility to ensure the same regulations when contracting with a foreign partner.

Then as Apple includes employer safety in its CSR clauses, labor workforce is working in inhumane conditions in manufactures abroad.

According to these problems recognition, the question is how can companies improve their ethics and sustainability aspects through CSR clauses in contracts?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].



About the Author


Marie Dasque

SKEMA Business School
Lille, France

 


Marie Dasque
is a French student in her last year before being graduating from the programme Master of Science in “Project and programme management and Business development” provided at Skema Business School (France). This program is also providing AGILE and PRINCE2 certification opportunities. Marie now has more than one year of experience in project management that she experienced during internships in different fields: Car industry, banking, and public administration (Schedule, cost, organisation and transformation, event planning, contract strategy, etc.). Marie can be contacted at: [email protected]

 

 

Landlord-Tenant Disputes

Towards the End of Court Litigation through Alternatives

 

STUDENT PAPER

By Chloé Barroso

SKEMA Business School

Lille, France

 



The rental housing market is one of the most flourishing shaped by continued growth in demand generating an increase in number of landlord and tenant conflicts by 20% in 2016, most of them can be resolved out of Court to save time and money according to Residential Tenancies Boards. Therefore, the purpose of this paper is to analyze the alternatives to judicial proceedings to prevent and handle conflicts, from pre-contract signing action to options once the lease agreement is signed. These substitutes have been compared by using Multi-Attribute Decision Making and ranked from the most appropriate to the least relevant alternative. The main findings of this paper are that appropriate clauses, mediation, arbitration and adjudication are alternatives resolving disputes meet more or less well both parties’ expectations. Based on compensatory and non-compensatory models, appropriate clauses alternative is the most effective way for both landlord and tenant to prevent conflicts since it is the first step in the rental process.

Key words: Landlord/tenant disputes, lease agreement, causes of disputes, contract terms, rights and responsibilities, alternatives, court litigation

INTRODUCTION

As a lease agreement is a contract and a legal arrangement by which both the landlord and the tenant are legally committed to respect the various clauses and terms, we might think this could prevent and resolve conflicts that may occur. However, the number of conflicts continues to increase, especially the court proceedings by 25% in 2015 according to a study conducted by ANIL (the National Agency for Housing Information).

Most of the time, the complainants automatically initiate legal proceedings to solve the dispute. However, most of these court actions often result in unnecessary expense and waste of time for both sides and could have been avoided. Mentalities must change, court proceedings should not be seen as the only recourse anymore in case of conflict

Both the landlord and the tenant must use alternatives before hiring a lawyer. In fact, several alternatives exist, as effective and successful as lawsuits, being more beneficial for the parties especially in terms of cost and time. Among these substitutes, a well drafted lease agreement, mediation, adjudication and arbitration must be considered first and we will demonstrated why.

The objective of this paper is to:

  • explore how a lease agreement can be used to avoid disputes between landlords and tenants, and
  • analyze the possible legal alternatives to Court litigation for handling conflicts and defending the interests of both the landlord and the tenant.

METHODOLOGY

  1. Feasible Alternatives & attributes

To achieve this objective, this paper will deliver a generalized approach mainly based on lease agreement between the landlord and the tenant, without any intervention from a real estate agency and taking into consideration rental agreements established under State law. This paper will suggest actions to help avoid litigations and handle disputes by suggesting tips to make a rental agreement even better.

The feasible alternatives to handle conflicts are:

  • Appropriate clauses
  • Mediation
  • Arbitration
  • Adjudication

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].



About the Author


Chloé Barroso

SKEMA Business School
Lille, France

 

 

Chloé Barroso, a student in MSc Project and Programme Management & Business Development at Skema Business School Lille, having passed Agile PM certification and obtained a two-year university degree in technology in Civil Engineering at University of Paul Sabatier in Toulouse, she has a junior experience in project management as site supervisor assistant for the construction of a high school, she oversaw price and deadline negotiation with subcontractors, follow-up work. Chloé has an experience in Business Development through business prospection and in Event Organization through the participation and organization in a trade show (called Salon Sud Agro-Industrie). She has worked for Toulouse Métropole Habitat, the Housing Agency, as a branch manager responsible for building maintenance, the viewings of properties and handling tenant complaints. Chloé can be contacted at [email protected].

 

 

Is the FIFA World Cup Organization

affected by Owner Financing?

 

STUDENT PAPER

By Léo Peigna

SKEMA Business School

Lille, France

 



ABSTRACT

Since the Qatar bribery accusations, the FIFA Organization has lost in legitimacy and is constantly tackled by both journalists and international regulation comities. The objective of this paper work is to show that not everything is over for the FIFA organization and that some solutions exist to make FIFA great again. To do this, articles helped to underline the ongoing problems inherent to the organization but also understand how the situation degraded itself. Then, after reading and analyzing the articles, a summary was made, and so were links established. Last but not least, ideas and solutions had to be debated and settled precisely. Finally, in order to enhance the thoughts, data had to be found and analyzed. As a solution, opening the organization and bidding process to more people and instituting more details seems to be a viable solution. The organization nowadays remains troubled with bribery and corruption, and leading to a more arbitrary organization would re-brand the FIFA.

Key Words: Owner Financing, World Cup, Corruption, Local Impact, International Impact, Overall Benefits, FIFA

INTRODUCTION

Historically, major international events were hosted by the most powerful countries in the world. These powerful countries were chosen and elected by the 22 FIFA Member Associates, and were to respect some specific rules. These rules can easily be found on the FIFA website, but when it comes to specifics, it is harder to find the detail. Indeed, the archives of the Bidding Processes for the previous FIFA World Cups are impossible to find. There must be a reason for this, and this reason must be that there has been a change of governance and new challenges were to be overcome. Looking at the World Cups of the late 90’s and beginning of the 21st century, one can easily see that the hosting countries were mostly Economically Developed Countries (France, USA, South Korea/Japan, Germany) but nowadays the hosting countries are no longer selected for their economic situation, but seem to be selected for their political and economic influence. Both politics and economy go together and influence one another. This can be seen with the recent accusations against the FIFA for having accepted money coming from rich families in order to facilitate the acceptance of the Bidding Processes to be a host for the World Cup. That is why this topic is an important topic: to what extent does the corruption and Owner Financing affect the soccer universe, and more specifically the 2022 Qatar World Cup?

Hosting a huge event such as a World Cup should be very valuable for the host country. Indeed, not only does it bring many tourists, which brings more income to the state thanks to taxation, but it is also the opportunity for the hosting country to show to what extent the country is becoming a global modern country, and mostly shows its greatness and ability to organize a global event to the world. Nowadays, the countries which are able to host such events see their candidature darkened because of corruption. This is a very recent topic since the Qatar World Cup supposed to be held in 2022 is the most notorious of all. Indeed, the FIFA scandal which occurred in 2015 saw the FBI accuse the Government of Qatar for Bribery and State Corruption.

The point of this document is to show how Owner Financing can influence decisions, impact a country from its politics to its economy. We will try to see the consequences of Owner financing in the 2022 World Cup in Qatar on a political level, on a local level, and on an economical level. The objective of this paper is to try finding a solution so that the FIFA World Cup Institution never suffers from scandals again, and why not access a “participative” model rather than a “democratic” model.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].



About the Author


Léo Peigna

Junior Project Manager
Lille, France

 

 

Léo Peigna is currently a Masters Student at SKEMA Business School on the Lille Campus. This student paper has been produced with the means of getting it published with the PM World Journal, and is part of a key module named “The International Contracts” under the direct supervision of Doctor Paul Giammalvo, the Course Director, and Professor Paul Gardiner, the Program Director. Léo comes from Costa Rica, where he was born in 1995, and has been living in France since the age of 5. At first, he lived in Biarritz, then moved to Bordeaux in order to attend International Classes.  He obtained his Economic Baccalaureate in 2013 with honors. By 2015, after attending 2 years of Preparatory Classes, he was able to enter SKEMA Business School. Previously, he has served as a Project Manager during an entire year running as Vice-President of the Sports Student Office at SKEMA Business School, and also had a 6 month internship in Paris in 2017 as Junior Project Manager. He is a certified AgilePm Practitioner. Contact him on: [email protected] or [email protected].

 

 

Contracts for Professional Sports

Making sure you are going to get enough

 

STUDENT PAPER

By Louis Roland

SKEMA Business School

Lille, France

 



ABSTRACT

“Why could I not become a professional soccer player?” How many kids, how many students or teenagers have already thought of that? It is the dream of plenty of people who are passionate about their sport and already live for it. Especially when you hear about the top players’ salaries. “Let’s become a professional player and earn a living doing what I love to do: playing soccer”. Unfortunately, it is not as easy as it seems. Those top players represent the emerged part of the iceberg. Sports players who failed to be professional are much more plentiful. That is why making from your passion your own job is a tough career path. However, if you keep on working hard and you take the right decisions, it could be one the most lucrative job on earth. Neymar is currently earning the amount of 1 € per second, only with his salary (which doesn’t cover his sponsorship compensation and rewards). But people forget one thing. He is one of the best guys in his job! We are used to comparing us (and our wages) to them and to say, “he is paid too much, just to kick a ball around”. But Neymar is not a common guy, he is one of the best soccer players in the world and he is valuable.

Key words: Compensation, Contracts, Sports, Professional, Payment, Amateur

INTRODUCTION

Professional sports contracts are quite similar than contracts in everyday life. Athletes are compensated for their services against a payment. We can differentiate 3 professional sports contracts. The professional services contracts, the endorsement contracts and the appearance contracts.

You are going to be introduced to how to deal with contracts if you want to start a professional career. We will discuss more particularly the compensation part of the contracts. This part is important to handle for 2 reasons. Firstly, it will formalize the way you will earn money. And then, this is one of the only parts of a professional contract which can differ from your teammates.

Step 1 – PROBLEMS / OPPORTUNITIES / OBJECTIVES

  • What are the different Professional Sports Contracts?
  • How can you earn a living by signing a Professional Sports Contract?
  • How to be sure to earn enough when moving amateur to professional?

METHODOLOGY

Step 2 – FEASIBLE ALTERNATIVES

The aim is to assure athletes that they understand the relevance of alternatives:

  1. The professional services contract
  2. The endorsement contract
  3. The appearance contract

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].



About the Author


Louis Roland

SKEMA Business School
Lille, France

 

 

Louis Roland is a 5th-year student at ITEEM Centrale Lille. This engineering school has the particularity to give a triple competence to their students: engineer, manager, entrepreneur. Louis comes from Champagne-Ardennes area. He was born from a farmer father and a teacher mother in Reims. He used to play tennis and football since his early childhood and still plays and loves sports in general. Louis carried out his scholarship in Vouziers and Reims where he passed a scientific bachelor degree with honor in the Pensionnat du Sacré Coeur, a “Lasallian” establishment. He then chose to do ITEEM Centrale Lille to get a very wide profile as engineer-manager-entrepreneur. During his studies, he seized the opportunity to spend 8 months in Bangalore, India. He achieved an internship as a software developer there. A few months later, after having tasted an international experience he decides to catch up with his girlfriend in Australia. He lived with her in Sydney for 2 months. He found a job as a dishwasher in an ice-cream shop. Finally, he came back to France, to complete his final year in ITEEM Centrale Lille. Meanwhile, he decided to pass a Master in Project management at Skema where he wrote the article “Contracts for professional sports, making sure to get enough”.

Louis can be contacted at [email protected].

 

 

Best practices for data privacy clause in Saas Agreements

 

STUDENT PAPER

By Amélie Tonneau

SKEMA Business School

Paris, France

 



ABSTRACT

The explosion of IT leaks and cyber-security attacks have risen the concerns from governments and Software-as-a-service (Saas customers’ which currently feel unsafe regarding the processing and the protection of the data they share and give access to their Saas suppliers. The objective of this report is to understand the different requirements from the current and new General Data Protection Regulation (GDPR) legislation regarding the matter of data privacy. This paper is based on a qualitative study using a multi-attribute decision-making and fishbone methods, websites and articles analysis.

Even though the legislation is changing, many medium-sized companies are yet not aware of these requirements they should comply with. Bear in mind that the new requirements will be mandatory to comply with on May 2018. This will lower Saas providers’ flexibility in terms of processing but increase Saas customers’ protection.

The different alternatives or requirements from both regulation will be analysed and therefore show you that a mix of requirements are necessary to draft the best data privacy clause for your next Saas agreements and to protect your customers.

Key words: Software-as-a-Service (Saas), data privacy, IT security, legislation, confidentiality

INTRODUCTION

In a fast global changing environment, the Software-as-a-Service (Saas) industry is currently booming, expecting to reach $112.8 billion by 2019. Considered as a precise software distribution model, Saas providers use a third-party to host their applications on the Cloud, making their applications directly available to users over the Internet. With a significant decrease in cloud third-party prices, more and more small businesses are nowadays using Saas in order to boost sales and productivity.

While many Saas companies use collected data from their customers to help their growth, which might be very sensitive data, Saas agreements need to provide precise Data Privacy clauses. These data privacy clauses cover the requirements and obligations from the provider regarding data collection and their means for keeping their customers’ data secure. Unfortunately, current trends have shown that Saas providers are currently failing in keeping customers aware of their rights regarding the confidentiality of their own data. In this difficult context, choosing the right provider by evaluating risks should become a common practice from a customer point of view if Saas agreements don’t improve transparency. Before signing-up with Cloud computing services, companies and/or individuals will have now to think if the data they are giving up is confidential and to which extend.

In a context where IT security and cyber-attacks are consequently increasing, drafting Saas Agreements & their Data privacy clauses might be a challenge for small businesses. In a changing legal environment in the EU, what should a data privacy clause contains? What are the advantages of the new GDPR regulation?

In the following you will be able to understand the current trends about Data Privacy clauses in within the Saas industry. Then, we will raise the question of legal requirements and the new legislation in the European Union that will come into effect in May 2018. Finally, we will recommend you the best Data privacy clause for your business.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].



About the Author


Amélie Tonneau

SKEMA Business School
Paris, France

 

 

Amélie Tonneau is a Master’s degree student at Skema Business School (Paris), Msc Project and Programme Management and Business Development (PPMBD). She joined Skema in 2014 in Lille and through those years developed her knowledge about different fields as Marketing, Law, Finance, Business development before stepping into project management. She had the opportunity to work in Spain, Belgium, and The Netherlands but also lived in Taiwan for a year. Passionate with Tech trends and start-ups’ innovative ideas, she developed her professional experiences through different experiences in Sales and Marketing in Software as a Service (Saas) companies.

 

 

Finding location for a coffee shop

to combine physical and technological accessibility

 

STUDENT PAPER

By Manon Wambre

SKEMA Business School

Lille, France

 



ABSTRACT

In the French Flanders, a new demand of accessibility is developing and globally coffee shops are becoming an institution. The idea is to combine both elements to anticipate trends to settle in an increasingly dynamic market.

This paper is driven by two factors: proving to coffee shop entrepreneurs that location hugely matters and showing that accessibility offers full of opportunities to differentiate.
The best location for a coffee shop to combine physical and technical accessibility is Cassel, a small city in the French Flanders where the rent is not expensive and the demand is increasing. 
This means that the best location for the coffee shop is not always in big cities. In fact, it shows to entrepreneurs that even if the market of large cities seems very attractive, obstacles such as the cost often occur.

Key words: Site location, Accessibility, Infrastructure, Digital, Legal rules, Bikes

INTRODUCTION

“An outlet can have quality offerings, excellent personnel, (…) but fail because it is not conveniently located.” Coffee shops’ most determining success criteria is: position of the site. The following analyze is mainly motivated by a personal will to open an independent coffee shop myself in a French city of at least twenty thousand inhabitants.

However, from an accessibility and technological point of view, the site location is facing two issues. The first difficulty lays on the reluctance from neighbors and city hall due to noise pollution, waves from the internet, the probable need of an off-record contract and so on. Local and legal documentations can become constraints if contracts and clauses are not transparent or not deeply analyzed. As Darren Buckner (2015) explains it, the location of your coffee shop will determine all your possibilities in terms of developing and designing your coffee shop as planned in your strategy. The second obstacle is to ensure the location would be accessible to the increasingly trendy way of access by walk and by bikes. (traditional and electrical ones) This paper aims to bring awareness to my potential future project but also cross knowledge between business and technicity, which could be useful for people who want to discover one of the two fields through an innovative process. A purpose is also to have a more detailed view on building permits or other documentations when being independent, out of the franchising process.

Currently, in France, an increasing number of cities are rethinking the roads by transforming them into pedestrian areas and urging people not to use their car. With initiatives such as Gobee Bike, premium of 20% for the purchase of an electrical bike, … a movement of technology need and new transportation means is spreading. Coffee shops location should consider adapting the infrastructure for a better access to both technology and transportation. Indeed, as this paper would focus on coffee shops that can offer people a place to work and discuss, technological requirements such as free reliable WIFI (For instance at least 20 mbps), electric sockets or desks adapted to electronic devices are unavoidable

The idea of this paper is to show how to choose the right location enabling to design and build adequate facilities for pedestrians and bike users inside and outside the coffee shop. Finally, the overall strategy is to focus on legal constraints, new consumers’ habits and adaptation.

Thus, this paper aims to find answers to the following questions:

  • Firstly, what are the best choice criteria to select the right location for an optimized adaptation design?
  • Secondly, what type of city offers the best accessibility or opportunities of accessibility?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].



About the Author


Manon Wambre

SKEMA Business School
Lille, France

 


Manon Wambre
is a French student in Project and Programme Management & Business Development at Skema Business School.  After passing her high school diploma and continuing her studies through two years of preparatory classes, she spent her first year in Skema Lille discovering all the faces of management.  Then, she began her work experience as a saleswoman, these three months taught her a lot about customer loyalty, merchandising and team work.

She chose to begin her first semester of Master degree studying in Oxford Brookes University. Her level of English is nearly fluent now and she mainly learned about marketing communication and business strategy. Next, with five months of a first experience in project management for a central purchasing in Brussels for the company “L’Agence pour le Non-Marchand”, she now has a global vision of project management: creating a project from scratch, defining a business model and strategies, planning, leading a team, estimating a budget, communicating. She was the coordinator of the project in a team of seven interns and developed her sense of responsibility. This internship confirmed her to choose project management as a specialty. That is why Manon is currently preparing her MSc thesis.

During this master degree, she plans to make a one year placement to develop her knowledge in project management and to apply the theory learned in AgilePM, Prince2 and Green Project Management.  This year, she was highly involved as a project manager of a student event organized with PMI France Chapter. Within a team of five students and mentored by one teacher and one member of PMI, she had the opportunity to organize an afternoon seminar and she learned a lot about logistics and leadership.

Manon is particularly interested in the relationships between entrepreneurial skills and project management competencies. She is mainly attracted by innovative projects of small and medium firms.  Manon can be contacted at [email protected]

 

 

Alternate Dispute Resolution in China

Research on ADR for the Construction of Harmonious Arbitration System in China

 

STUDENT PAPER

By Huiru Wang

SKEMA Business School

Paris, France

 



ABSTRACT

China is in a period of social transition. The litigation cases encountered in the process of rule by law have exponentially increased. Problems such as excessive pressure on judicial resources and exorbitant judicial costs have the same background as the ADR system in the West. Therefore, China can try to cite this method to see that fit the purpose of the construction of harmonious arbitration system or not. This article mainly through Multi-Attribute Decision Analysis and Compensatory Decision Rules means to compare three feasible alternatives to resolve disputes in China. According to the final data, it shows that mediation is a more appropriate alternative. The ADR is in line with China’s national conditions. Also, the rapid development and achievement of ADR have also had a significant impact on China’s legal concept.

Key words: Alternate dispute resolution (ADR), Innovation research, Advantages,  Arbitration System, Development, Mediation, Litigation, Arbitration

INTRODUCTION

The Alternate dispute resolution originated in the 1960s in the United States, because of the high cost and bureaucratic procedure, the parties and the lawyers realised that legal disputes through litigation became increasingly expensive, time-consuming and uncritical. At the same time, the courts were faced with “litigation explosion”, but also human and financial difficulties were unsustainable. People were looking for a simple, cheaper way to get the things done, so the ADR became a natural choice.

The ADR is a dispute resolution process and technique that allows the two parties in dispute to reach a consensus without litigation.  It’s a collective term that includes many ways in which both parties can settle disputes, with or without the help of a third party.

With the development of socio-economic globalisation, due to the differences in political, economic, cultural and legal systems in different countries, parties are increasingly turning to ADR for non-litigation proceedings in case of disputes, which made the ADR flourish in the 1970s. The success of the ADR was recognised and supported by the United States federal government in 1930.

The social benefits of ADR in the United States have led to the development of global ADR, as well as in China, who have so accepted this new method. ADR is an open and developing system that has high adaptability to the handling of new types of civil disputes. However, since China is different from Western capitalist countries and China is a socialist country, as we know, the different systems will produce various problems and different solutions, it’s important to see the arbitration system in China to go in this analysis.

To summarise, what this research has been designed to address are the following questions:

  1. Which dispute resolutions fit the purpose of ADR?
  2. Does this method accord with China’s harmonious arbitration system?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].



About the Author


Huiru Wang

SKEMA Business School
Paris, France

 


Huiru Wang
is an MSc student in SKEMA Business School, majoring in Project and Programme Management & Business Development (PPMBD). She graduated from Groupe Sup de Co La Rochelle Business School and holds a Bachelor’s high-quality diploma in commerce and management operations. She has attended four internships in different types of companies: Sephora in France, Rose Rouge in France, Dong Ya in Chine. She also has background knowledge about international business. She lives in Paris, France now, and can be contacted at [email protected]

 

 

The Mitigation Rule and Impacts of Overdue Payments

in International Business

 

STUDENT PAPER

By Xiyuan Wu

SKEMA Business School

Paris, France

 



ABSTRACT

Globalization has entered a new phase, in which the entire world is inextricably linked. Countless transnational trade is carried out every day, while numerous contracts are signed every day. However, trade frictions and trade disputes may cause various problems because buyers and sellers are in different countries, and may eventually damage the interests of one or both parties. An essential factor which prevents the capabilities of contractors is irregular and delays in payment.

Usually, if the buyer does not pay on time, it may also affect the seller’s capital chain and even change the contractual relationship. Moreover, there may be additional fines and interest charges. Therefore, the objective of this paper is to explore the impacts of overdue payment and analyze how to protect the rights and avoid this kind of situations happen through the contract. And the article will explain the issue and use Dominance method to compare different standards, including The United Nations Convention on Contracts for the International Sale of Goods(CISG), Engineers Joint Contract Documents Committee(EJCDC), Consensus Docs and American Institute of Architects(AIA). At the meantime suggest, and the ideal solution will be given at the end of the article.

Key words: Late Payment, Compensation, Remedies, Financial Costs, Risks, Automatic Avoidance, Milestone Payment

INTRODUCTION

From hundreds or thousands of years ago till today, contractual relations are ubiquitous. The contract is an agreement concluded after the parties reached the deal by regular consultation, stipulating the obligations that must be fulfilled and the rights they should enjoy. Especially in the cross-border trade, CISG-compliant contracts are the basis for formal cooperation and the guarantee of rights. However, even under contractual constraints, there will still be various kinds of default or yet breach of contract, which may be caused by the buyer or the seller or even both parties. In fact, one of the most critical factors is overdue payment. According to the United Nations Convention on Contracts for the International Sale of Goods (CISG) Article 71, “Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach.”

Generally speaking, that overdue payment will lead a catastrophic effect on businesses for both buyer and contractor, especially for the buyer that the subsequent impact like has limited or even no cash reserves to rely on. While, for companies that are paid based on invoicing for given products or services, late payments are strapped to happen.

Casually regarding the receivables as “better late than never” could mean life or death to the trade. Because the two sides regularly negotiate deferred payment will affect the entire project process, for example, if the buyer does not pay or payment delay, the seller to ensure normal business activities and loans will bring additional costs. There are several reasons may cause the late payments. It could be as simple as someone forgets the payment date or the manager/accountant is not here when their approval is required to sign off on the invoice. More complicated reasons can be a puzzle, which includes any uncontrollable element or even a shift in direction for the overall system of what you are apart.

Therefore, the purpose of the research and analysis in this paper is to develop and answer the following questions in FIDIC, AIA, EJCDC, Consensus Docs and CISG:

  • The impact of overdue payment on both parties
  • How to handle or avoid the possible risks
  • Primarily how to prevent the late payment in international trade
  • And to analyze some of the provisions of the contract is how to regulate or constrain such behavior.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected]



About the Author


Xiyuan Wu

SKEMA Business School

Lille, France

 


Xiyuan Wu
, MSC student in SKEMA Business School, major in Project and Programme Management & Business Development (PPMBD). He graduated from SKEMA Business School and holds a Bachelor’s degree in Business Administration. As a business student, he worked in an American company Cannes Concierge, in an international project team and implemented multiple international congresses, which including Cannes Film Festival, Cannes Lions International Festival of Creativity, MIPCOM, etc. His current research interests include the Project Management in China, the Banking system in China and he is currently completing a research paper about payments in international business.

He lives in Lille, France now and can be contacted at [email protected]

 

 

Qualitative study of online hotel booking systems


STUDENT PAPER

By Caroline Henry

SKEMA Business School

Paris, France

 



ABSTRACT

The explosion of online booking systems has completely changed the direct channel and contractual relationship between hotels and customers. From now on users have the choice of several distribution channels to book a hotel room. The objective is to study those different online booking systems and identify the best alternative from a customer’s point of view. This paper is based on a qualitative study using a multi-attribute decision-making and fishbone methods, websites and articles analysis.

Third party websites have completely taken control of online booking systems to the detriment of hotel websites. Indeed, most customers are seeking several offers on a single website in order to find the best quality-price ratio with as little wasted time as possible. Even though the use of online booking systems seems very convenient at first sight, many studies show how risky those contracts can be for customers.

Once benefits and dis-benefits of online booking systems will be compared and analysed, the study will conclude on the importance for customers to use a direct channel and book their room on hotel websites.

Key words: Online Booking Systems, Hotel industry, Independent Websites, Distribution channels, Reliability of alternatives

INTRODUCTION

According to the Statistics Portal 2017 survey, 88% of Americans 78% of French book their hotel using Internet.1  The first question that can be raised is the validity of this type of contract. Do online hotel bookings constitute contracts? Three aspects must be taken into consideration:

–        An offer

–        An acceptance

–        A consideration

The hotel offers the availability of its rooms to customers at specific dates. This later has the choice to accept the offer or to turn down on it. The lawyer Mark Pestronk announces “a reservation is a binding contract consisting of mutual promises: the hotel agrees to provide the accommodation at the quoted rate, and the client agrees to pay.2

Consideration is the exchange of value on both sides. The customer ensures he will occupy a room and pay for it. Hotels make sure the room is available for the customer at specific dates. Consideration comes along with the payment or a deposit. It can take different forms such as money or promise.  By sharing credit card information, the customer “promises” payment. If customers do not provide any information, there is no consideration. Once all conditions are fulfilled, acceptance is close. Online bookings definitely constitute a contract.

Hotels use the Internet to increase their visibility and attract customers. In a world where competition is increasingly tougher, different channels have been created to catch customers’ attention and gain market shares. Online booking systems have complicated the direct contractual relationship between customers and hotels and can constitute risky contracts.  By risk, it must be understood the “probability or threat of damage, injury, liability, loss, or any other negative occurrence that is caused by external or internal vulnerabilities, and that may be avoided through pre-emptive action.”3

To summarize, this paper seeks to answer the following questions:

  • What are the different channels to book a hotel room online?
  • What are the risks for customers to book their hotel on independent websites?
  • What is the most efficient alternative for them?

More…

To read entire paper (with footnotes and references), click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Caroline Henry

SKEMA Business School
Paris, France

 


Caroline Henry
is a student at Skema Business School (Paris), Msc Project and Programme Management and Business Development (PPMBD). She joined Skema in 2014 and through those years she has enhanced her knowledge in terms of finance, marketing, management and others before deciding to focus on project management. She also had the opportunity to develop her professional experiences through different long-term internships. Her last work experience was a six months internship in Airbus (Blagnac) as a project manager officer in the Sales and Contracts Department. Learning about the basics on project management in the company helped her to decide her orientation in the PPMBD Msc and complete her knowledge.

 

Don’t be fooled by Overbooking practices


STUDENT PAPER

By Marguerite Grivet

SKEMA Business School

Paris, France

 



ABSTRACT

Around 42,000 aircrafts take off and land every day around the world and with 2,5 million daily passengers, airlines represent a huge market that appear really volatile since it’s deregulation in 1978.  This paper aims to identify the obligations that airlines still have. It will especially document the overbooking practice with the purpose of demonstrating how airlines policies may influence the passengers’ choices.  By using the Multi Attribute Decision Making method with a compensatory model we’ll be able to rank some airlines accordingly.  It should help people to understand their rights over airlines practices and show how some airlines can meet better expectations considering the overbooking.

Key words:  Overbooking, Contractual Rights, Obligations, Deregulation, Liquidated damages, Breach of Contract

INTRODUCTION

Would you buy a flight ticket if you were not 100% sure you will have a seat on the plane?

Probably not!  But that’s what actually people agree on when booking a flight.

If they happened to be unluckily denied boarding they would be facing one of the most used but legal commercial practices among airlines, which is the Overbooking.

Overbooking happens when airlines sell more tickets than the actual number of people they can accommodate.

With this practice airlines are responding to the problem of “no-shows” (people who reserved seat but didn’t board), they started facing in the 1940’s with the expansion of their service. By 1950 the practice had become widely spread as well as the complaints about it, leading to the Federal Aviation Act of regulation in 1958, which allowed the US Federal Government to “oversee and regulate the safety in the airline industry”. But later in 1978, the deregulation of the airline industry was enacted in order to make it enter a free market enabling a “great increase in the number of flights and a decrease in fares”.

If we now look at the first semester of 2017, considering 12 US airlines, the number of passengers that were removed involuntary from flights was 17,330. We may think it represents only 0.52 per 10 000 passengers but it still exists.

Booking a flight departing from City A to go to City B equals to planning a travel between two specific airports on a certain day and on a defined period of time. According to these characteristics, this is a project. In order to do that you purchase a flight ticket from an airline offering you a transportation service at a certain price. Accepting this offer passengers and airlines agree on a contract. Here we’ll talk about a contract of Carriage.

But sticking to the definition of a contract, overbooking appears as a breach of contract from the airline side if we consider it failed to perform your transportation.

That’s why I decided to focus my researches on the existing airlines booking policies and some published articles about Overbooking that question this practice. Through my paper I’ll compare the contractual rights from both sides, airlines and passengers, with the facts.

To summarize, this paper will analyze official documents and articles to answer the following questions:

How can passengers legally respond to this practice?

What are the airlines obligations over it?

Are there better options when choosing your airline?

More…

To read entire paper (with footnotes and references), click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Marguerite Grivet

SKEMA Business School
Paris, France

 


Marguerite Grivet
is a MSc student at Skema Business School. In 2016, as part of her Master’s degree program, she studied one semester at the Faculty of commerce of Queen’s University, Kingston, Ontario, Canada. Back in France she worked for Dassault Systèmes in their Corporate Events Department. Currently following the specialization of Project and Programme Management and Business Development at Skema Paris Campus, she’ll graduate in 2018 after an exchange semester at La Catolica of Lisbon to study Economics and Management.  She can be contacted at [email protected]

 

 

Management of conflicts between Facebook community users


STUDENT PAPER

By Florian Dalino

SKEMA Business School

Paris, France

 



ABSTRACT

Composed of more than 2 billion members worldwide, Facebook must be prepared to solve disputes between its users. From the amicable statement to the arbitration, resolution processes may vary but must ensure efficiency. Mandatory acceptation of Terms and Conditions makes all users concerned by these resolution processes, which are not fully described, reason why an analysis and comparison should be done to understand how they work and their viability. To ensure that, the report focusses on the four resolution processes’ analysis of the network. An understanding through testing, comparing and ranking these methods to have a clear vision of each. The author’s analysis highlights the pertinence of a precise process which ensures the better way to solve a conflict between users, with the possibility of an amicable solution or a Facebook’s arbitration. Through its internal resolution processes, the famous social network found several ways to be fully adapted to its users’ needs and solve their disputes. Although an unequal pertinence depending the method chosen, users will always have the means to find an adapted solution.

Key words: conflict, dispute, issue, claim, resolution

INTRODUCTION

Founded in 2004, Facebook is a social network allowing interaction through 2 billion users worldwide. Publication of articles, pictures, videos, information sharing, private and public messages made the website one of the most used in the world. It’s a new way to communicate, inform, maintain and develop virtual relations with others.

According to the network’s unique principle and Terms and Conditions agreed to each account creation, the user manages his own actions on the website, is responsible for the linked consequences through the network’s community. Years after years, Facebook became more than a social network, it became a virtual life with social interactions and community belonging’s feeling. Although the management of our own actions and their consequences, it’s difficult to have the control on other members’ actions, behaviors and decisions, according to the free-expression principle of the network. The problem is this one: members actions can have negative repercussions which lead to disputes to solve. Conflicts which can emerge from Facebook interactions may take several forms (Provocation, humiliation, bullying, threats) through diverse ways of communication (Pictures, Messages, Articles, Videos…). In order to struggle against it, how does Facebook allow the management of Disputes/Conflicts between Facebook members of its community and is this method ensuring viability?

Some criticisms appear with the Facebook’s approach of conflicts, like the lack of involvement of the company or any mediator to lead the conflict’s resolution. Although the conscious of risks which can occur, the Network bases principally its approach on a user-to-user arrangement, as specified on its terms and conditions, which doesn’t directly involve the company and can raise the question of the process’ credibility and viability.

How does the system exactly work? How can both parties have agreement on the resolution? What if one party refuses an agreement? The involvement’s degree of Facebook seems unclear according to Terms and Conditions but has to be understood by all user. Facebook is recent and its solution to mitigate conflicts is too. This situation raises the question of its performance analysis through time and the efficiency of the method.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Florian DALINO

SKEMA Business School
Paris, France

 


Florian Dalino
is a 23 years old French MSc student in Skema Business School Paris, major Project and Programme Management & Business Development (PPMBD).  He is a former student of North Carolina State University in the USA and graduated with a Bachelor’s degree in Management in 2015.  He had the opportunity to live several professional experiences through internships in France, United Kingdom and the United States.

His professional background is particularly business development oriented with three years of experiences in this sector, including a year as Business Development Manager in Digital Transformation market. He had the opportunity to manage teams, build complete business strategies, negotiate partnerships and bring companies the means to develop their activities and their performances in a “Uberization” context. Many activities allowed him to use theoretical methods learned during his studies.

Several experiences as project manager allowed him to develop an appreciation for this activity and confirmed his ambition to continue on this way. For this reason, h decided to choose a specialization in Project Management and integrated Skema Business School in September 2016. Since this time, he has personally invested in many projects with multicultural teams to create innovative concepts, develop companies’ performance.  He has successfully passed Prince2 and AgilePM certification exams.

From January 2018 and for 6 months, he is developing his professional experiences in the entertainment sector, as Brand Strategy Manager, in France. At the end of his Master’s degree, he plans to continue working in this market which he is passionate about with the ambition to evolve inside it, in France or a foreign country.

Florian is an optimistic person, always looking for opportunities to take part in new adventures, from a personal and a professional point of view. He is particularly motivated by new challenges and always ready to perform.   Florian can be contacted at [email protected]

 

 

How sport sponsors must protect their brand

  when right holder goes rogue

 

STUDENT PAPER

By Elliot Butruille

SKEMA Business School

Lille, France

 



ABSTRACT

Sport is becoming one of the most sensitive markets for sponsoring. Even that the amount of money generated by sport is going bigger and bigger, it is today very risky for the sponsor to start a sponsoring relationship. Indeed, with the advent of social network, athletes are the center of the attention and every move are looked at and analyzed by the public. In this context, it is very important for the sponsor to secure his own interest in a sponsoring relationship to keep control of his brand image.

By using the “Multi Attribute Decision Making”, this paper will develop the solutions for the sponsor to protect his brand in the event of right holder behaviour that harms brand image.

The author will demonstrate in this paper that from the different perspective selected: the confidential arbitration and the public excuses are the best solution for a sponsor to protect his interests from the right holder and the public.

Key words: Sponsor, Sponsorship, Contract, Sport, Exclusivity, Brand representation, Moral clause

INTRODUCTION

The world market of sport sponsorship is often estimated at more than 60 billion dollars, and in the next 5 years it should increase more and more according to big sport world events coming… This market can be seen as an amazing opportunity to make business, but actually it is a really sensitive to deal with it.

If sponsor thinks that building a sponsoring partnership is only about writing a standard legal contract and discussing money, they will probably fail to secure their interests…

The reason for it, is that a sponsoring includes two high powered stakeholder: the sponsor who own the money and want to promote his brand and the right holder who own a strong brand image and want to value it at maximum. Together they have to find the most suitable agreement to convince the third and major stakeholder: the fans or customers… This last stakeholder must never be underestimated because it has a huge impact. Whether you are a powerful sponsor or an influent right holder, you are always taking a risk because you are dealing with image and perception of your fan or customers.

Everyone remember the French Football Team “strike” in 2010 for the South Africa Football World Cup which cost 4.5 million euro to the “Fédération Francaise de Football” (French Football Organization) to refund sponsors. Lance Armstrong losing all of his sponsors in the next twelve hours after his confession about doping… Or more recently the Liverpool FC fans, who signed a petition against a new sponsor (Tibet Water Resources Limited) which they accuse of unethical behavior in Tibet.

Sponsoring is definitely a powerful weapon of communication, but all weapons are double-edged. At a time where “buzz” and social network are building or destroying reputation, it is compulsory to manage carefully your sponsoring relationship.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Elliot Butruille

SKEMA Business School
Lille, France

 


Elliot BUTRUILLE is a French fifth year engineering student specialized in Transport System and Logistics in Centrale Lille. Simultaneously, he is following a Master’s degree in Project Management and Business Development in SKEMA Lille. He already performed successful experience in India by managing the implementation of the e-commerce reverse logistic of a sport company named Decathlon (€10 billions of turnover).

This dual competence will let him manage technical projects by providing a technical expertise from his engineering master degree and management skills provided by his business master degree. Passionate about sport he is interested in the challenge between business and sport and especially the sponsoring relationship.

He is looking forward for a challenging internship in project management or consulting services in supply chain and logistics starting in April 2017.

Elliot can be contacted at [email protected]

 

 

The intellectual property

within the Kickstarter funding method

 

STUDENT PAPER

By Quentin Blanchard

SKEMA Business School

Lille, France

 



ABSTRACT

Currently working on an engineering oriented project with some friends, we need to figure out what is the best way to protect our idea. The funding method we have in mind is quite dangerous for the intellectual property. It is the crowdfunding. So, the aim of this paper is to determine the best protection or a crowdfunding solution.

The method use for this analysis is the comparison of several criteria from different solution to determine which one is the most appropriated (The force field analysis).

The main finding of this study is that it depends of the kind of work you want to protect. If it is about an author work (song, painting, dance, paper, etc.), the copyright appears as the best solution. But if it is not the case (engineering design or process, etc.), the patent is the way to protect your idea.

For our project (engineering oriented) the best fit is the patent. It will permit to protect ours designs and process we developed during the project development time.

Key words: Intellectual Property, Crowdfunding, Patent, Dispute, Terms of use,  Backer

INTRODUCTION

In 2015, a start-up called KAZbrella presented its project on the crowd founding platform Kickstarter. Their concept was a patented reverse folding umbrella. A short time later, another similar umbrella strangely appeared. This “copie” has been realised under the name “Suprella”. This strange causality hides something more interesting, Suprella is a website detained by Hirams Trade GmbH, a German company known for that kind of machinations. Nowadays, this kind of problem is growing rapidly. The Crowdfunding platform Kickstarter defines itself as a platform with the purpose to link entrepreneurs (and their ideas) and backers, and it does not want to take part in that sort of problem.

In a project, intellectual property can be a real success factor. For the product development project, this is most of the time a key element. Entrepreneurship has now new ways to find the funds required to develop their ideas. Crowdfunding is one of them. The results can be quite impressive. For instance, (eg: Kodama, 3D printer reached their fund raise target in 6 minutes). But the protection of the idea or the design is not part of the deal you sign with Kickstarter. Usually, the intellectual property – perceived as a specific idea, process or design – is protected by patents. But patents are expensive and hard to write when the idea is just at a starting phase. Does any system exist to protect your idea when you share it on Kickstarter except the last ones?

When a project is presented on the platform and the idea is stolen, who are the stakeholders involved in the dispute? Kickstarter has defended its position since its creation with the following baseline: “Kickstarter is not linked to the project in any case and does not want to be part of any dispute”. The disputes about intellectual property are included. But what are the real implications of Kickstarter about it? How do they defend themselves inside their contracts? The document used for this analysis is the “Kickstarter terms of use”.

We will provide answers to the following questions:

–        Is there any protection for intellectual property inside the Kickstarter terms of use?

–        What are the potential risks about sharing your idea on such a platform without any protection?

–        Does any way exist to reduce those risks and what is the cost of the solutions?

For a project which chooses to finance itself by this method, the intellectual property appears as a key success factor which requires attention. Not being able to manage this issue could lead to a total failure of such a project.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Quentin Blanchard

SKEMA Business School
Lille, France

 

 

Quentin Blanchard is currently finishing his Master’s degree at SKEMA business school in Project & Programme Management and Business Development.  He has a strong academic interest in the alternatives solutions to finance a project (Crowdfunding, backing, micro loan, etc.). In addition of this, he also spends a lot of time studying the different project management methods and the application of those latest ones in projects. About professional experiences, he is working on a project related to agronomy and the food industry. He started work in the petroleum industry and moved then to the agronomic industry. He works closely today in the bakery industry to develop the market and products. He also has some expertise in 3D printing.

Quentin is not only defined by professional experiences. He has several hobbies, including horse riding, scuba diving, surfing and playing guitar. He loves to travel the world (Congo, Angola, Thailand, EAU, etc.) and discover new fields.

 

Building Sustainability into Contracts

Change and Dispute Management in Construction

 

STUDENT PAPER

By Guilhem Hervé

SKEMA Business School

Lille, France

 



ABSTRACT

Sustainability is at the heart of many discussions nowadays, as human activities are subject to evolution in order to reduce negative impacts over our resources and leave to next generations a sane planet and society. Sustainability encompasses many topics as it is a global vision. Therefore, this paper is developed to analyze and identify the best practices and methods to foster sustainability through dispute management and change, with a focus on the construction area, subject to many disputes. In this context, the author will compare the different existing methods for dispute resolution and identify state of the art practices to build sustainability into contracts. Based on this analysis, the author recommends the use of the combination of mediation and arbitration as the best method and suggests a number of key practices. These practices highlight the importance of a proactive approach in contract management.

Key words: Sustainability, Change, Dispute, Resolution, Construction, Contracts

INTRODUCTION

With the objective to reduce the negative impacts of human activities over our resources, sustainable development imposed itself as unavoidable in every business. As a global strategy, it should be introduced in every part of a business in order to maximize sustainability, which makes it a key part to integrate into contracts. Indeed, in order to integrate sustainability into an organization or a business, the agreement of parties is an essential step to manage. Building sustainability into contracts could thus have an important positive impact for businesses and society in general. We consider here sustainability as the ability to last and continue indefinitely by causing no damage to the resources of the project.

Construction is one of the areas most impacted by this change while having to manage contracts in every project. Construction companies, having an important impact on environment, are now widely integrating sustainable practices into their processes in order to align with the need of our society and to communicate their will to contribute to the necessary change mankind needs to undertake. Nevertheless, contracts issues are widespread and statistics show that the number of disputes is not decreasing and tend to be a recurrent issue in nowadays contract management for construction, which is jeopardizing contracts efficiency and sustainability. A better management of disputes could enable contractors to avoid time and money consuming disputes, resulting in positive impacts on the business.

In this paper, we will focus especially on the dispute management in construction contracts and aim to identify the best existing practices in order to build sustainability into contracts. In this perspective, we will compare the various methods of dispute management in different sources of contract content and bring into light the best practices for a sustainable contract. The result should encompass a number of good practices that will help contractors introduce or develop sustainability in contracts while improving dispute management in a more sustainable way.

More…

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Guilhem Hervé

SKEMA Business School
Lille, France

 


Guilhem Hervé
is a MSc student in SKEMA Business School, majoring in Project and Programme Management and Business Development (PPMBD). He is also studying engineering in the Graduate Engineering School Centrale Lille in a Masters program, majorimg in Strategy and Management of Organizations. In 2017, he worked for Thales, a French multinational company designing electrical systems for aerospace, defense and security as enterprise architect assistant in Velizy, France.

He is highly motivated by environmental and sustainable issues. He lives in Lille, France now, and can be contacted at [email protected]

 

 

AGILE Projects and internal contracts

 A contradiction?

 

STUDENT PAPER

By Athenais Regnier

SKEMA Business School

Lille, France

 



ABSTRACT

The Agile Manifesto was published in 2001, setting up principles and values of a new project management methodology, opposed to traditional waterfall approaches and ideal for IT development projects: Agile. But this new methodology questions traditional service contracts.

This paper introduces a new way of realising internal contracts in order to fit Agile projects.

Different techniques will be proposed, analysed and compared: such as inverting the fixed and estimated parts of golden triangle          or including checkpoints and exit points in the contract.

We will see that the most efficient way of bringing flexibility to a contract is to base it on a flexible and mutually shared vision of the customer-supplier relationship.

Key words: Agile, Contract, IT projects, SLA, Internal contracts, Software development, SCRUM

INTRODUCTION

The Agile approach was born because of a simple observation: in most cases, at the beginning of a software development project, the customer does not and cannot know what the final deliverable will be like. It was necessary to find a way for the customer’s needs to evolve along with the project, and to facilitate the interaction between the customer and the development team.

The Agile approach is more and more popular: in a study consisting of a survey on 601 software developers and IT professionals, “two-thirds described their company as either pure agile or leaning towards agile” (Jeremiah, J. (2016). Agile vs. waterfall: survey shows agile is now the norm. Retrieved from https://techbeacon.com/survey-agile-new-norm). This trend applies for both external and internal projects as Agile projects have proven to increase software quality and customer satisfaction.

Indeed, many companies in need of constantly increased performance ask their internal IT departments to adopt the Agile frameworks, the most widely used being Scrum and Kanban. But most of these departments are also asked to use internal contracts such as SLAs – service-levels agreements. The aim of these contracts is to make sure that both the supplier and the customer, seen as businesses within a business, agree on:

  • a deliverable (product or service)
  • a payment, for example by distributing a portion of the organization’s budget
  • a start date and a duration
  • accountabilities

However, the core principles of Agile methods are to prioritize customer satisfaction by early and continuous delivery of valuable software (working software is delivered frequently – weeks rather than months – and reviewed by the customer for improvement) and welcome changing requirements, even in late development. As a consequence, neither the customer nor the developer knows exactly what the final deliverable is when the contract has to be signed. Following this observation, buyers and jurists gathered and started coming up with solutions, and Agile development contracts started to emerge. But in reality, these contracts are not innovative legally speaking: they intend to adjust, in a formal way, the flexibility required for product requirements evolution. So, logically, it isn’t the contract itself which is “Agile”, but the customer-supplier relationship in fact is.

So how can we establish a contract without knowing what will be delivered? Isn’t it the core objective of a contract?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Athenais Regnier

SKEMA Business School
Lille, Fance

 

 

Athenais Regnier is a 21-years-old French graduate student preparing two diplomas: a 5-year degree at engineering school Centrale Lille and a Master of Science of Project and Programme Management and Business Development (PPMBD) at Skema Business School. She belongs to the ITEEM department of Centrale Lille, where engineering, management and entrepreneurship are combined to train future managers with a solid technical background as well as an innovative, adaptable and ingenious spirit. This spirit is consolidated by 17 months of internship experience throughout the 5 years of education.

Specialised in information systems architecture and processes optimisation, she has previous experience mainly in web development and IT project management. She has lived for 9 months in Auckland (New-Zealand) where she worked as a project management intern in local company Kiwise Digital. Responsible for the development of a WordPress e-commerce website, her main missions were to import data from Excel spreadsheet and WooCommerce plugin (CSV Import Suite), optimise processes in the project especially data-entry, train new team members and report to the client.

Class delegate during her entire post-graduate education, Athenais has also been involved in several school projects including an innovation award-winning project in 2014 consisting of presenting an innovation for a radio-controlled car after realising a complete technical and market analysis. Her third-year project was to redefine school-companies relationship in her region of Nord-Pas-de-Calais and, as part of this project, her team organised an event with 50 professionals and about the same number of students where each team member managed a facilitated workshop to lead participants in innovating on the subject.

Athenais has a passion for horse-riding, she has participated in jumping and equestrian vaulting competitions for many years. She has been a junior champion of France of team vaulting in 2007, at the age of 11 years old.  She can be contacted at [email protected]

 

 

Cheating and Video Games

What repercussions on contracts?

 

STUDENT PAPER

By Augustin de la Gorgue de Rosny

SKEMA Business School

Lille, France

 



ABSTRACT

This paper explores how cheating in videogames can impact the Terms of Use agreement signed off by the gamer when he plays the videogame. Furthermore, this paper provides some recommendations concerning the way to manage dispute in this kind of contract, and how the video-game company should resolve conflicts with cheaters. Some contract baselines are analyzed, in order to define which of them can bring the most useful tools to manage disputes and conflicts from a video-game company perspective. The Guild of Project Controls Compendium and Reference (CaR) is the one to provide the best practices regarding how to manage disputes and contract violations. Consequently, video-game companies should apply the recommendations  of CaR by putting in place an escalation process to manage disputes and always prioritizing direct negotiation than legal actions.

Key words: Video Games, Contract violation, Terms of Use, Cheating, Copyright Infringement

INTRODUCTION

“No treaty is ever an impediment to a cheat” as Sophocles said. In modern societies, people are required to sign a large number of contracts during their lifetime. They manifest themselves in a multitude of different occasions (subscribe to a phone service, rent a house, insure material and immaterial goods, use a computer software, etc.). In this research paper, we are going to focus particularly in the contracts that bind players to video game publishers.

Paraphrasing Sophocles, we can affirm that a contract is never a sufficient obstacle to prevent cheating. Indeed, it happens that gamers engage in cheating when they play video games. Cheating is characterized by the voluntary attitude of derogating from one or more rules to enjoy any benefits. However, gamers are increasingly required to accept a Terms of Use agreement (TOU) before playing their game. A TOU is a contractual document that aims to regulate the interactions between the provider of a service and its users. This type of contract is common on websites, but also on contemporary video games. Can cheating on video games be considered as a contract violation of TOU from the gamer against the publisher? To answer this question, we are going to consider the term “contract violation”. Cheating practices will also be analyzed, to determine if some of them can be likened to contract violations on the player’s side. In case of proven contract violation, we will see what can be the consequences on the “cheater”. Specific examples will serve as illustrations to support the different points of the analysis. This paper has been designed to answer the following research questions:

–        1) What are the main obligations of the gamer regarding a Terms of Use agreement?

–        2) Can cheating in video games lead to contract violation?

–        3) What can happen to gamers if they commit a contract violation by cheating?

More…

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Augustin de Rosny

SKEMA Business School
Lille, France

 


Augustin de Rosny
is a French 23 years-old Project Management Student, who is from Skema Business School. He studied one year in the United States two years ago, and made a gap year as a Project Manager in a French start-up last academic year. As a student, he chooses the “Project and Program Management & Business Development” master of science to specialize himself in Project Management. He is interested in the video-game industry since he played Age of Empire and Halo when he was young. He is involved since 20124 in Halo.fr, a French structure which provide news, a forum and much more for all Halo French fans, as an administrator. His missions are to manage the moderators, the forum community and projects to improve the forum.

Augustin can be contacted at [email protected]

 

 

Measuring Contract Performance Using Earned Value Management


STUDENT PAPER

By Sichun Yang

SKEMA Business School

Paris, France

 



ABSTRACT

Contract management plays a vital role in a successful project. Majority projects closed out of scheduled date, budget, or efforts, which results in a huge loss of the organization. In this case, contract management is extensively studied by authority institutions. However, measuring the contract performance is often overlooked, since when they carrying a project, they also push the team member to work harder to meet the requirement, and when a project close successfully, the organizations will allocate another project as soon as possible. They often ignore ‘lessons learned’, in which measuring contract performance could be helpful to increase the working efficiency and effect. Even if a project failed, to measure the contract performance would support them to achieve the goal, because disputes in the contract are the roots of project failure. Regarding this, the author will highlight this problem, and give a thorough analysis of this problem and provide a practical tool to measure the contract performance. After that, the organization will be able to define an accurate scope, and monitor the contract performance in response to the contingency.

Key words: Control, Measure, Performance, Scope, Cost, Schedule, Resources, Activities

INTRODUCTION

Earned Value Performance Management (EVPM) is a method to measure the cost and schedule performance through an entire project lifecycle. It gives the project team opportunities to be visible to the cost and schedule issues, which is to be specific, to predict the delivery time and the actual cost comparing to the schedule and the contract, in order to reduce uncertainty, and support contract-making process, etc. From the Agile perspective, ‘time and cost are fixed’, because if the deliverable date and the actual cost beyond the planned cost, it would result in a consequential risk to the success of the project or even damage the whole organization, such as bankruptcy. Since EVPM has been firstly introduced by U.S Air Force in 1966, this approach is widely used by the project-oriented companies, as time and cost are vital variables to a successful project, specifically in contract management and cost management.

Contract management is one of the pillars to ensure the success of the project, as most organizations know; however, the measurement of contract performance in contract management is often overlooked. So as to the research on contract performance. Although there are many research results about contract strategy, management, etc., there are rare papers about measuring contract performance. There is a statistic indicating that 70% of the projects are over budget and behind schedule, and 52% of all projects finish at 189% of their initial budget. Regarding this, the author catches this opportunity by developing an innovative way to achieve measuring contract performance, by applying Earned Value Performance Management.

The use of EVPM in contract measurement can indeed benefit the contractor and the whole organization, such as making more accurate budgets and schedules at different stages in the contract. In this case, the author will highlight this problem, and give solution by applying the EVPM approach for measuring contract performance to improve the contract management in a project.

To conclude, the objective of this report is to identify six aspects regarding EVPM in the contract measurement, which is what, why, who, when, where, and how to improve the performance of contract management and then measure the three main types of contracts which are generally used by organizations. The author will analysis these aspects orderly, review the benefits as well as the challenges, and assess the outcomes the article will bring to the public.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Sichun Yang

SKEMA Business School
Paris, France

 


Sichun YANG
is a MSC student in SKEMA business school, majoring in Program Project Management and Business Development. He is certified as Prince2 practicer, and AGILE practice. In 2014, he created his own company ‘XiaoNeisong technology’. In 2015, he had an internship in RICOH as Project manager assistance. In 2017, he worked in a consulting company Millward Brown, KANTAR, chaxarging in IHG, La Vache qui rit, etc. He was highly recommended by the project manager, as a coordinator, executor, and planner.

He lives in Paris now, and can be contacted at [email protected]

 

New opportunity of Arbitration

  for multinational companies in China

 

STUDENT PAPER

By Siying Yao

SKEMA Business School

Paris, France

 



ABSTRACT

As there is more and more international business in China, a dispute is inevitable to happen because of unfamiliar with local law and culture. It is important to choose an appropriate dispute resolution. With the absence of right resolution, there would lead to big cost, wasting time and even, breaking the business relationship. So far, many companies solve the dispute through arbitration. Nevertheless, it is inefficient to a certain extent. This paper answers why inefficient arbitration is in China. With the application of the MADM method, it suggests an alternative solution of mediation-arbitration hybrids which ultimate the efficiency of arbitration, ensuring the fairness and maintaining the business relationship. This recommendation considers the benefit of both parties.

Key words: ADR, dispute in China, multinational business dispute, arbitration, hybrids resolution, opportunity>

  1. INTRODUCTION

Over the past few years, China has been one of the fastest developing countries. It has a great impact on the economics of all countries around the world. Plus, with the announcement of “The Belt and Road initiative” recently, there will be more and more business opportunity in China. However, when a foreign company does business in China, it is inevitable to meet dispute problems because of the unfamiliar of country laws and cultural awareness. According to the Arcadis global construction disputes report, we knew that dispute issues were increasing globally on both the cost of time and money. If a dispute takes a long time and is costly to solve, it is not efficient for business development neither benefit.

There is four main type of Alternative dispute resolution (ADR) in China: negotiation, mediation, arbitration, and litigation. If taking consideration of time, cost, fairness, relationship and privacy, each ADR presents different advantages according to various cases. However, as international companies need more concern about power balance, relationship and privacy aspects. In these points, arbitration shows its advantage. It has formal procedures that can keep the privacy of parties but less time and cost than litigation. It successfully maintains the business relationship with the participation of third parties. Mediation seems appropriate as well, but its informal procedures may lead a power imbalance between parties. Therefore, most of the international companies prefer to use arbitration.

Although arbitration is a quite good choice and is widely used, it still takes a longer time to solve disputes than mediation and negotiation. Even, in some cases, it may be too complicated to do reasonably. From a business benefit perspective of both parties, it is important to know which is a better way to solve dispute issue and which mechanism is more efficient and benefits for both parties.

To summarize, this paper has been undertaken to answer the following question,

1)     The reasons for why arbitration is inefficient;

2)     The new opportunities for arbitration to improve efficiency

More…

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Siying Yao

SKEMA Business School
Paris, France

 


Siying YAO
is a MSc student of SKEMA business school in Paris. She studies Project and Programme Management & Business Development (PPMBD) as major. She has bachelor degree from INSEEC business school, Paris, major in marketing. She has been in France for 4 years and she speaks Chinese, English and French. During the MSc study, she obtained PRINCE2 foundation certificate in project management and Agile PM foundation certificate. She had internship experience both in China and France. She is a proactive and social person. Please feel free to contact her via email: [email protected]

 

 

Model Contract

between the French Public Bank of Investment and their Depositors

 

STUDENT PAPER

By Charles Moudourou Zeth

SKEMA Business School

Paris, France

 



ABSTRACT

Companies keep increasing prices sometimes without the approval of regulation authorities or informing customers; this phenomenon has increased depositor’s complaints especially in the banking industry; Depositors need to carefully read contracts proposed by banks before signing them, to avoid paying extra fees while using these products or services. The object of this work is to propose good contracts which will benefit to both banks and their depositors. We will be using the compensatory method from the multi-attribute method to decide which method among the Do nothing, go with the same contract, go with the cost plus incentive contract and go with the firm fixed price incentive best suit to depositors because they the more impacted. Based on the results we will have after the analysis, the go with the firm fixed price incentive contract seems to the best solution for depositors after comparing it to the go with cost plus incentive contract.

Key words: contracts, depositors, policy, regulation, clause, types of contracts, negotiation, dispute resolution

INTRODUCTION

Due to the technological evolution in the whole world, companies always need to introduce new products and services in the market to satisfy customers. No matter the industry where you are competing, companies need to improve in order not to lost markets shares. In the banking industry which is moving even faster and where there are new competitors from different industries (like Orange Telecommunication Company which will be providing banking services soon), banks that will differentiate from its competitors will have to propose a best service or product at a good price.

Price is such an important variable that customers always have to keep a close look on it because banks keeps charging customers if failing to meet a specific clause of their contract.

According to the last report of the French Union of Consumers, banks fees are in net progression in 2017, only based on the reason of having an account at a bank.

But other reasons such as withdrawing the money in the cash machine of another bank (average of 4,5%°), cards of international payment with immediate debit (average of 3%) can also be mentioned, as they are even higher than the inflation.

As many banks adjust their fees in January, others even do that during the year like Societe Generale and some popular banks.

As customers are not looking carefully their contracts before signing them, the phenomenon is significantly increasing every year.

We therefore decide to have a look on this in order to determine if banks and their depositors can both benefit of signing a contract, respecting rules set up by the authority of the banking markets.

The aim of this study will be:

–       To determine whether contracts given by banks to customers are well written and suit to customers.

–       What are the benefits for depositors?

–       What are the limits of contracts proposed by banks to depositors?

–       What can be our suggestions to both parties?

The author of this paper will be focusing on one specific bank called the French Public Bank of Investment (PBI) by analyzing some specifics clauses of one of their contract with a specific client.

The author will be defining some concepts like banks, depositor, contract, in order to make a clear analysis of the specified contract.

To conclude this analysis, the author will give his opinion regarding the contract analyzed and say if he can recommend other customers to sign a contract with this bank.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director, at [email protected]



About the Author


Charles Moudourou Zeth

SKEMA Business School
Paris, France




Charles Moudourou Zet
h is a MSc student in Skema Business School Paris campus, majoring in Project Program Management and Business Development. He graduated from the University of Douala in Cameroon, where he holds a Professional Bachelor’s degree in Technical Commercial Management in 2007, a Professional Master Degree Level 1 in Marketing 2008, and Professional Master Degree Level 2 in Marketing, in 2009.

From 2007 to May 2011, he worked for the second telecommunication group in Africa, named MTN (Mobile Telecommunication Networks) , in his operation of Cameroon respectively as Contact Center Agent where he has handling customers queries, advising customers on new services and promotions; Account management agent where he was managing phone bills for biggest companies, and marketing officer in the Consumer Segment Unit; He was actively engaged in one successful project called “The MTN Mobile Money”, a service which consists for customers to pay their university fees, their electricity bills, send and receive money in Cameroon, buy train tickets, buy fuel at Total and Oilibya Stations… through their mobile phone. He also supervised all the promotional offers for prepaid customers like MTN Zik, and was fully engaged in elaborating the business plan of the Consumer Segment Unit in 2010.

In June 2011, he went to London in order to continue his studies at the former Cavendish College of London, where he got a postgraduate Diploma in Business, Management and leadership-Edexcel BTEC Level 7, in 2012. After ending his studies in London, he worked as Welcome Desk Agent at 45 Park Lane Hotel, the Dorchester Group in London. His work was to welcome and advise customers on promotions of the hotel, handle customers queries at his level or escalate them to the right person.

He holds two IELTS (International English Language Testing System) with two overall scores of 5.5 and 6. He also holds a Prince2 Foundation certification.

To get in touch with him, you can email [email protected]