International business contracts: how to present a claim to a business partner effectively and successfully in the current volatile, complex and largely underestimated economic crisis (price increases and disrupted supply chains…)
Summary of the conference held on 13 September 2022 by Didier Dalod, CEO PIMAN GROUP in charge of International and Legal Affairs and Richard Klieman, Lawyer & Solicitor (UK) at ORIEL.
The crisis phenomenon started with Covid through 2020 and 2021 and has accelerated in 2022 with price increases caused by multiple factors: the geopolitical context, the health crisis, war…
One response is to build a claim, keeping the balance of power positive through a pragmatic four-step approach:
The law applicable to international business (Proper Law) must be determined whether the contract is public or private. The applicable law determines your legal arguments for negotiations.
Demonstration of the actions taken and the additional costs incurred.
What steps should be taken to obtain a rebate for all or part of the additional costs?
Mitigate those costs, maintain good faith dealings, proactively measure and present the minimum additional costs. Does the doctrine of estoppel impact your claim?
The market and you: Apply a general and specific approach to demonstrate that external events have impacted your business.
For example, fine-tuning a method of rating the products involved in the claim according to categories such as the nature of product components by project, their sources and financial impact over time.
What is my strategy?
Managing rationing strategy: attention to competition law and abuse of dominant position.
In summary, highlighting the strategy for managing market disruption.