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Smart Contracts

Next Generation of Contracting?

 

STUDENT PAPER

By Baptiste Lestienne

SKEMA Business School

Lille, France

 


 

ABSTRACT

The blockchain smart contracting technology is a fresh topic constantly changing which fascinate and frighten people and institutional the same time. The purpose of this work is to get an overview of smart contract, compare their differences and their possibilities. First, I have used a Multi-Attribute Decision Making and second, a compensatory model for weighting the result. My work has highlighted the importance of security and decentralization for smart contracting regarding to the different alternative currently in the market.  To conclude I would advise the Ethereum blockchain for his decentralization and community and the DPoS security system to secure a blockchain and their smart contract.

Key words: Smart contracts, Blockchain, Ethereum, Mining, Decentralization, Contract future, Online revolution, Transparency

INTRODUCTION

“Initially the term smart contract has been created by Nick Szabo”[1], computer scientist and cryptographer, in the early 1994. This term was used to describe digital engagement like protocols were both parties fulfill some commitment. At this time researcher like him, Mark S. Miller or “David Chaum”[2] were already convinced that strict execution of encrypted online protocol would be a high added value and a significant improvement of the traditional law.

 [3]

In 2009 Satoshi Nakamoto release the bitcoin cryptocurrency based on the very first blockchain technology. Bitcoin blockchain is starting a huge digital revolution and in a way lay the foundation of smart contracting. The real revolution happened in 2013 with the creation of Ethereum blockchain by Vitalik Buterin. “Ethereum permit to create complex smart contract thanks to a new programming language calling Solidy”[4]. It allows developer to write complex process in a short time based in Ethereum blockchain.

When a classic legal contract just defines rules of an accord between parties, a smart contract will also freeze those rules inside a blockchain for ever and ensure the transfer of an asset if the contractual term approve it.

Smart contracts are pieces of software based inside blockchain which allow to transport and transfer assets and data without any middlemen. No human action is necessary, it lives by his own. The contract will be executed regarding the rules, that both parties agree on, and data certificate as accurate. Because of their resilience to tampering smart contracts are used in many domains, especially in those who require confidence and traceability, like money transfers, banking, insurance, respect certain agreed rules.

Over the years, many platforms allow now to create smart contract but the main one is still Ethereum. Beside it, alternative solution has been created by Ripples, Stellar or Monax. In a flourished environment the number of cryptocurrency and smart contract have skyrocket those past 3 years. CoinMarketcap is now listing more than 2080 cryptocurrencies vs 36 cryptocurrencies at the same date in 2013. The same thing had happened with smart contracts. Hundreds of thousand smart contracts are created every quarter.

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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 paul.gardiner@skema.edu.

How to cite this paper: Lestienne, B. (2019). Smart Contracts: Next Generation of Contracting? PM World Journal, Vol. VIII, Issue X, November.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/11/pmwj87-Nov2019-Lestienne-smart-contracts-next-generation-of-contracting2.pdf

 


 

About the Author


Baptiste Lestienne

Lille, France

 

 

 

Baptiste Lestienne is 22 years old French student. Recently graduated of ITEEM Centrale Lille Master speciality industry and entrepreneurship option Logistics. He had pursued in parallel a Master of Science degree in Project and Programme Management and Business Development at Skema Business School, Lille Campus.

His schools provide him a complete dual competence in engineering and commerce and made him completely able to work into complex project. He is certified AgilePm, Prince2 and passed the TOEIC (840).

He is currently working for Accenture Consulting as technology advisory analyst in the financial services. He helps banks, capital markets and insurance firms create business value through technology. He also helps clients to capture the value trapped in existing and emerging technologies, such as cloud and artificial intelligence, and use these assets to drive operational efficiency and strengthen business models.

He has integrated Decathlon Philippines for his 8 months internships. He laid the supply chain and logistic foundation with the initial decathlon team to open the very first Decathlon in Philippines. His tutor and him were handling the logistic and supply chain part of the opening: finance, custom, products, transport warehousing, deliveries, supply chain, recruitment and management.

He is highly interested and passionate about new technologies in particularity about blockchain technologies and cryptocurrency: How the financial world is changing and will change. Blockchain is one of the key technologies which will change the next decade.

Through many projects in different fields, he developed a strong experience in project management and business development. He is optimist, engaged and hard-working. He is a great team member but is also able to manage a long-term project and demonstrate leadership.

Baptiste lives in Lille and Paris, France and can be contacted at Baptlestienne@gmail.com .  You can have further information about his experience on his LinkedIn profile: https://www.linkedin.com/in/baptiste-lestienne/ 

 

[1] Nick Szabo. (2018, October 15). Retrieved from https://en.wikipedia.org/wiki/Nick_Szabo

[2] David Chaum. (2018, November 12). Retrieved from https://en.wikipedia.org/wiki/David_Chaum

[3] Smart Contracts. (n.d.). Retrieved from     http://www.alamut.com/subj/economics/nick_szabo/smartContracts.html

[4] Solidity — Solidity 0.4.24 documentation. (n.d.). Retrieved from https://solidity.readthedocs.io/en/v0.4.24/

 

 

How to manage a dispute

in the photography industry

 

STUDENT PAPER

By Hanfeng Lei

SKEMA Business School

China and Paris, France

 


 

ABSTRACT

The photography industry is expanding rapidly with the development of fashion. However, the process of photography occurs more and more conflicts nowadays. The disputes occur in preparation before the shooting, a process during the shooting and the pictures after the shooting. The problem of insufficient negotiation and different criteria are two main issues causing the dispute. When the dispute occurs, the photography process is heavily affected and delayed. We use ADR to solve the dispute. By referring to different documents, we choose four feasible alternatives. Combing with certain criteria, we select the best alternative, which is a negotiation in every process by using the Compensatory model of Additive Weighting Technique. We believe it would be the most efficient way to solve the dispute.

Key Words:     The Fashion industry, photography industry, commercial shooting, contract, Alternate Dispute Resolution (ADR).

INTRODUCTION

According to the 124-page industry assessment from Pulse of the Fashion Industry 2018 report released, “75% of fashion companies have improved their environmental and social performance over the last year, and the business case has proven to be nothing but positive. With the boom of the fashion industry, photography industry grows very fast as photography is an important part of fashion.”[1]

In a snapshot from IBISworld report, “growing per capita disposable income and rising advertising expenditure have driven growth for the Photography industry over the five years to 2018, as both commercial photographers and portrait photographers have benefited from increased demand for their services. Industry revenue is expected to grow an annualized 1.9% to reach $10.6 billion during the five-year period, which includes a 1.9% increase in 2018 alone. The photography industry is primarily composed of nonemployer industry operators. In 2018, IBISWorld estimates that 89.4% of total enterprises are nonemployers.”[2]

Because of the fast growth of fashion and the need for photography, more and more conflicts occurred. For example, preparation before the shooting, a process during the shooting and the pictures after the shooting. Photography is a project. And it involves planning, controlling, risks management and checking. All of the processes in the projects relate to the contract.

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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 paul.gardiner@skema.edu.

How to cite this paper: Lei, H. (2019). How to manage a dispute in the photography industry, PM World Journal, Vol. VIII, Issue X, November.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/11/pmwj87-Nov2019-Lei-how-to-manage-dispute-in-photography-industry.pdf

 


 

About the Author


Hanfeng LEI

Paris, France

 

 

 

Hanfeng Lei, Chinese, 23 years old, major in Project and Programme Management & Business Development (PPMBD) at SKEMA Business School in Paris, France. She graduated from China Three Gorges University and held an English Bachelor diploma. In 2013, she went to the University of Houston Clear Lake in USA to participate in an exchange program for one semester and successfully build a good relationship and finish the corporation for two universities. She chose to pursue a project management degree in France because there is not a fully mature system in project management in China. The project management knowledge is more professional and authoritative in France and she wanted to experience the French culture. She has had two major internship experiences in Publishing industry and Transportation industry. Hanfeng has good project management experience during her time at university in Student Union, and she has the potential to become a competitive project manager. She used to plan and manage many big programs when she studied in the university. She is an experienced project manager as a student leader. She believes what she has done and experienced would help her be a better project manager in the future.

She lives in Paris, France now and can be contacted at hanfeng.lei@skema.edu or https://fr.linkedin.com/in/寒峰-雷-93570791

 

[1] Pulse of the Fashion Industry 2018 report released(2018 May 9) Retrieved from https://www.globalfashionagenda.com/pulse-of-the-fashion-industry-2018-report-released/#

[2] Photography Industry in the US(2018 June)Retrieved from https://www.ibisworld.com/industry-trends/market-research-reports/professional-scientific-technical-services/professional-scientific-technical-services/photography.html

 

 

The rising conflict in the wedding contract

 

STUDENT PAPER

By Grace Stephan Nkounkou

SKEMA Business Schoo

Congo and Paris, France

 


 

ABSTRACT

The event consulting industry sees tremendous potential to improve the effectiveness and performance of projects with their customers. Thus, there is much wisdom in adopting ADR which offers principles and a focus on collaboration and workflow reliability to avoid any conflict in their contract. In this paper, the benefits and restrictions experienced by project participants in using ADR are analyzed. The paper eventually focuses on demonstrating that ADR provides a better approach much effective towards good Project Management.

The author will identify various project delivery methods including ADR and then make a comparative study using the Multi-Attribute Decision-Making (MADM) analysis to illustrate the coherence with respect to some attributes. Further utilizing these attributes and some selection criteria, the best possible alternative for businesses to consider for their project strategies is convincingly proved to Alternative Dispute Resolution.

KEYWORDS: Project management, Schedule, Terms, conditions, contractor, contract

INTRODUCTION

Wedding is one of the essential days or events of the life of a couple, and its preparation takes time, costs much and can be difficult to plan. That’s why people make use of services or hire people like event consulting or wedding planners for it to be perfect and memorable as it means a lot to them. And as the contractors, or wedding planner they should give outstanding service to the customers to meet their demands for that particular day. But therefore, the reality is sometime different from the expectations, because of conflicts arising from the contracts due to various reasons like the terms and conditions of the agreement between the contractors, the customers and suppliers which lead to the dissatisfaction related to project budget define as, including projection of all of the cost associated with the entire project and including the operation and maintenance cost in a project budget will provide a better understanding of the total lifecycle cost[1], delay time here define as the additional travel time necessary to traverse the work zone or to detour around it[2].

Here we define the concept of ADR which is Alternative Dispute Resolution and is used to describe a set of approaches and methods aimed at resolving disputes in a no-confrontational way. ADR covers a broad spectrum of approaches, from party-to-party engagement in negotiations as the most direct way to get a mutually acceptable resolution, to arbitration and adjudication at the other end, where an external party imposes a solution. In the axis of ADR approaches between these two extremes lies “mediation,” a process by which a third party aids the disputants to reach a mutually agreed solution[3]. Then we will see which alternative suit better to the issue by rooting the problem to the source.

Then the root-cause analysis is the tool used of this part to identify the problem cause, based on the fishbone diagram that can be divided into two sections.

On the one hand, we have the customers, whose requirements are not bright enough for the contractor to meet due to different reason as every family member want to be involved or share its taste for the wedding like; the parents want an extravagant wedding; the kids want a small, meaningful, ceremony. The groom had always looked forward to a wedding in his chapel, Dodger Stadium. The bride had pictured the Greystone Mansion. Dad won’t attend unless his new wife is invited too; Mom refuses to come if the new wife is there. Pretty soon, the bride and groom’s joyful anticipation is replaced by stress and dread[4].

If you’re a wedding planner, you’ve seen it all, and you know how difficult it can be to proceed when key parties are mired in dispute.

On the other hand, the event planner (contractor) and suppliers.

And the source of this conflict results from 5 most challenge that they face which wedding tyrants are like By now, we’ve heard all about Bridezilla – she’s hysterical, controlling, and completely panicked. This is her special day, and she won’t let something as minor as a lack of expertise prevents her from running the show. Thing Bridezilla is a dying breed; it is being replaced by something far more insidious: Groomzilla. “Bridezillas want to be princesses,” writes Craig Bridger, author of Surviving Groomzilla, “But Groomzillas want to be gods.”

Low-grade competition is unlike corporate event management; there are fewer barriers to becoming a wedding planner. The result is that the contractor team is flooded with inexperienced, untrained individuals who provide less than stellar service and charge far too little for their efforts. It’s difficult for talented, experienced professionals to charge accordingly when clients are comparing apples to oranges.

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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 paul.gardiner@skema.edu.

How to cite this paper: Nkounkou, G.S. (2019). The rising conflict in the wedding contract, PM World Journal, Vol. VIII, Issue X, November.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/11/pmwj87-Nov2019-Nkounkou-rising-conflict-in-the-wedding-contract.pdf

 


 

About the Author


Grace Stephan Nkounkou

Congo & Paris, France

 

 

 

Grace Stephan Nkounkou is a student in project management and business development, and junior project manager. Born in Congo, he studied in Congo and abroad like in Tunisia, South Africa and then in Paris; he has embraced multicultural which helps to adapt whatever the environment.

He is passionate of project management and especially when it comes to organize, plan, monitor or control a project. As he has been practicing throughout the years, which helped him gain experience and knowing what to do in the project management field. He just completed his MSc in project management and business development and is now seeking opportunities. He likes to take challenges about themes that today’s society is encountering.  Grace Stephan lives in Paris, France and can be contacted at gracestephan.nkounkou@skema.edu

 

[1] The Project Resource Manual: CSI Manual of Practice: The Construction Specifications Institute

[2] Mallela, J., Sadasivam, S., United States, United States, & Applied Research Associates. (2011). Work zone road user costs: Concepts and applications.

[3] Shamir, Y., & International Hydrological Programme. (2003). Alternative dispute resolution approaches and their application. New York: UNESCO.

[4] Keeping conflicts in check during the wedding planning with mediation

 

 

Companies and Environmental Laws in the European Union

How to Make It Work

 

STUDENT PAPER

By Julien Poivet

SKEMA Business School

Paris, France

 


 

ABSTRACT

This paper focuses on environmental laws in the European Union and particularly deals with the issue faced by lawmakers and governments which demonstrates that quite many companies decide not to comply to those environmental laws. We then tried to understand whether the companies which do not comply with European Union and European States laws are reprehensible.

In order to do so we used a non-dimensional data technique which has been developed through a several steps procedures to make it as relevant as we possibly could. We eventually got interesting conclusions which states that companies have a part of responsibility in complying to environmental laws and that European companies, by complying to those laws, should be examples of CSRs. On the other hand, we also reached the conclusion that companies face a global competition and should be helped in that regard by fighting to make necessary environmental laws more widespread all around the world.

Key words:  Dispute, Environmental Laws, European Union, European States, Compliance, Project Management

INTRODUCTION

Nowadays, the global awareness towards climate change raises all over the world. The last Intergovernmental Panel on Climate Change work showed once again “that the world is rapidly changing, that the average temperatures raise and will be at the very least 1.5°C higher compared to before the industrial revolution, which will lead to higher sea level, desertification or stronger natural disasters”[1]. Thus, things have to change and countries “concluded the Paris agreement in 2015, complying to take corrective actions to limit global warming to 2°C”[2]. Most of the time those corrective actions are laws which intend to reduce contamination, curve gas emissions or restraint plastic waste. The European Union claims to be a leader in that new model, implementing laws, giving advice and recommendations. Although, every year in the European Union, big scandals emerge regarding companies that do not or did not respect environmental laws, either at the Union level or at a state level. The 2015 Volkswagen scandal can pop directly to your mind, but the 2015 “red mud” affair in the South of France is striking as well. Lately, a cruise ship called the Azura has been caught on her way to Marseille, France, using fuel that pollutes over the European Union limit. Every time major environmental issues, such as the conservation of an ecological area, or the life of populations, are at stake, disputes emerge. But before going further, a few terms have to be defined for the well-understanding of the following paper. First we decided to work more using the word “dispute” over “conflict”, since the latter is “largely value based and group centered in nature, and thus less susceptible to resolution”[3] while “dispute” “refers to a class or kind of conflict which manifests itself in distinct, justiciable issue”[4].

Furthermore, we will need to focus on environmental disputes that “relates in some way to the incidence, or suspected incidence of environmental pollution or damage of some kind”[5]. Girard defines “five kinds of disputes which are listed here: party to party, issuance of licenses or permits, preliminary or “in principle” approvals, content of law and policy and compliance and enforcement” [6]. Another important aspect of this kind of dispute is that we can define public and private interest environmental disputes. We will mostly work on public interest environmental disputes which is “the impact of environmentally damaging or polluting activities on the public interest in environmental preservation”[7]. Finally, we can define several ways of dealing with environmental disputes: “negotiation, mitigation and arbitration being the more successful”[8] while litigation should be avoided as a solution in that case. Although, we will see later that it is also often the solutions used to solve environmental disputes.

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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 paul.gardiner@skema.edu.

How to cite this paper: Poivet, J. (2019). Companies and Environmental Laws in the European Union: How to Make It Work, PM World Journal, Vol. VIII, Issue X, November. Available online at https://pmworldlibrary.net/wp-content/uploads/2019/11/pmwj87-Nov2019-Poivet-companies-and-environmental-laws-in-the-eu.pdf

 


 

About the Author


Julien POIVET

Paris, France

 

 

 

Julien Poivet is a French Student in Project Management at the French Business School SKEMA Business School. After being brought up in Reunion Island, a French Island in the Indian Ocean, Julien had the opportunity to join SKEMA Business School which enabled him to go and study in France (Lille, Paris), the United States (North Carolina State University, Raleigh, NC), Canada (University of Victoria, BC) and Brazil (Fundacao Dom Cabral, Belo Horizonte).

Project Management has been an easy choice for him since Julien has always been interested in the global overview Project Management offers on project. That is why he decided to join SKEMA Business School’s MSc in Project and Programme Management and Business Development that he followed in 2018. This choice resulted in an interesting education which matched with Julien’s appeal and expectation and will lead him to become an efficient Project Manager.

After a first six-month internship in Project Management at Décathlon, the French sports goods retailer, Julien joined Veolia Environnement in January 2018 for a six months internship as assistant to project manager. He has always presented a real interest in environmental issues and this paper has a logical link with both Julien’s internship a Veolia Environnement and his desire for future jobs.

Throughout his education, Julien enhanced several qualities as team spirit, autonomy and leadership and also acquired the skills necessary to start a proficient career in project management. Julien is now CAPM, Prince 2 and AgilePM certified.

Julien lives in Paris and can be contacted at julien.poivet@skema.edu. You can also access his LinkedIn profile by clicking on https://www.linkedin.com/in/julienpoivet/

 

[1] Gregory Rozières (2015). The Huffington Post. L’accord de la COP 21 veut limiter le réchauffement climatique à 1,5°C, mais est-ce seulement possible? Retrieved from https://www.huffingtonpost.fr/2015/12/12/accord-cop21-rechauffement-15-possible_n_8793184.html

[2] Gregory Rozières (2015). The Huffington Post. L’accord de la COP 21 veut limiter le réchauffement climatique à 1,5°C, mais est-ce seulement possible ? Retrieved from https://www.huffingtonpost.fr/2015/12/12/accord-cop21-rechauffement-15-possible_n_8793184.html

[3] Nicholson (2009). Environmental Dispute resolution in Indonesia. Retrieved from https://openaccess.leidenuniv.nl/bitstream/handle/1887/580/01%2B2.PDF;sequence=5

[4] Brown and Marriott. (1999). Adr Principles and Practice, 2nd ed., p2.

[5] Nicholson (2009). Environmental Dispute resolution in Indonesia. Retrieved from https://openaccess.leidenuniv.nl/bitstream/handle/1887/580/01%2B2.PDF;sequence=5

[6] Jennifer Girard (1999). Dispute Resolution in Environmental Conflicts: Panacea or Placebo? Retrieved from http://cfcj-fcjc.org/sites/default/files/docs/hosted/17465-dr_environmental.pdf

[7] Nicholson (2009). Environmental Dispute resolution in Indonesia. Retrieved from https://openaccess.leidenuniv.nl/bitstream/handle/1887/580/01%2B2.PDF;sequence=5

[8] Jennifer Girard (1999). Dispute Resolution in Environmental Conflicts: Panacea or Placebo? Retrieved from http://cfcj-fcjc.org/sites/default/files/docs/hosted/17465-dr_environmental.pdf

 

 

How to Use KPIs in Contracts

for Effective Road Construction Project Management

 

STUDENT PAPER

By Yuanmiao Wang

SKEMA Business School

China and Paris, France

 


 

ABSTRACT

In the management process of the road construction project, the effective reporting and the performance evaluation of the project outcome throughout the life cycle of the project. In the project performance measurement process, clarifying the KPIs attributes that meet the requirement of both two parties is the key to ensure the results can be successfully reported and assessed, which is a complicated and critical step. In order to help contractors and managers to manage projects more effectively, it is necessary to find an alternative dashboard and the corresponding KPIs that best match the attributes of the road construction project.

This paper uses Multi-Attribute Decision-making techniques (MADM) to define and prioritize several dashboards that are required for performance measurement, and to help users understand which are the most critical attributes that should be selected. The paper concludes by recommending alternative solution and providing effective references for the management of road construction projects.

Key words: Key performance indicators, Road construction project, KPIs dashboard, Contract management, Effective project management, Performance metrics and measurement

INTRODUCTION

As contract management becomes a more and more critical success factor in the Road construction industry, the strategic requirements of contract management are getting stronger, and the complexity of the clauses in the contract is higher and higher. The KPIs in dashboard for project performance measurement in the contract also contains a large amount of information and management strategies, which makes the risk of project management in the Road construction industry even greater. Inefficient project management represents a large amount of capital loss, time cost, space idle cost and waste of labor costs. Based on the statistic indicating, ”70% of all the projects are behind their schedule and over budget, while 52% of the projects finished at 189% of their initial financial budge t.”[1]

In the project contracting industry, contract is used as a vehicle for managers to measure projects, monitor processes, and required periodic reports for deliverables that including detailed of the contractor’s contributions and accomplishments. However, most of contract administration lacks a tangible tool that presents a clear and operational measurement systems. It enables all the stakeholders to visually capture the performance of the earned value and other values in the project. In addition, this tool can also act as one of the leading indicators, which leads and directs the project to move forward. The tool is called Key performance indicators (KPIs), which is essentially a “dashboard” that is comprised with the relevant standards that the owner and contractor will measure. According to Eckerson’s definition: “The KPIs is a metric to measure how excellent the organization or an individual performs tactical, operational, or strategic activities that is critical for the success of the organization now or in the future.” [2] It should be noted that this paper will focus on the specific field that how to use “KPI” in contract rather than use “metric”, because the “metric” is generic, however the “KPI” is specific for different project types and scopes.

Contract management is one of the pillars to ensure the success of the Road construction project. KPIs in contract are pragmatic scorecards to measure whether a project is progressing toward predefined project targets or not. However, it can be found that KPIs in Road construction dashboard are complex, there are many factors should be taken into account. Therefore, before creating thesis and statement of purpose, it is necessary to create a Root Cause Analysis (RCA) of the problem. The idea of Root Cause Analysis is to sort out the root cause of KPIs’ defect in performance measure dashboard, which led to the ineffective road construction project management. According to the figure (Figure 1) below, the assignment of this thesis is to fully consider all necessary KPI clauses in contract management and to seek a flexible and feasible method to achieve effective Road construction project management.

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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 paul.gardiner@skema.edu.

How to cite this paper: Wang, Y. (2019). How to Use KPIs in Contracts for Effective Road Construction Project Management, PM World Journal, Vol. VIII, Issue X, November.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/11/pmwj87-Nov2019-Wang-how-to-use-KPIs-in-contracts-for-road-construction.pdf

 


 

About the Author


Yuanmiao WANG

Paris, France

 

 

Yuanmiao Wang is Chinese, 24 years old, majoring in Project and Programme Management & Business Development (PPMBD) at SKEMA Business School in Paris, France. She graduated from Guangdong University of Finance and Economic in China and held a Management Bachelor diploma. From 2015-2016 she has established a startup project as the founder, which focus on products manufacturing and delivering processes optimization. At the end of 2015, she designed an innovative business model that combines online and offline and use her Business Plan won the 1st Prize of the 3rd Canton Youth Entrepreneurship Competition by conducting a commercial roadshow as a key speaker. In September 2016, she established her own company: Guangzhou Simple Life Semi-Finished Food Co. LLC., and won the 1st Prize of College Students ‘Internet+’ Innovation Entrepreneurship Competition and the 8th Canton Students’ Entrepreneurship Competition. In addition, she also has internship experience related to project management of import and export trading company. Yuanmiao WANG has good project management experience during the time that she operated her own entrepreneurial projects and internships in project management positions. She has the potential to become a competitive project manager.

Yuanmiao lives in Paris, France now and can be contacted at wangyuanmiao2018@gmail.com and https://www.linkedin.com/in/yuanmiao-wang-61a6b3127/

 

[1] Measuring Contract Performance Using Earned Value Management (2018, March). Retrieved from https://pmworldlibrary.net/wp-content/uploads/2018/03/pmwj68-Mar2018-Yang-measuring-contract-performance-using-evm-student-paper.pdf

[2]  Performance dashboards: Measuring, monitoring, and managing your business (2013). Hoboken, NJ: Wiley.

 

 

Artificial Intelligence Contract

How Algorithms and Machines have Disrupted the way Law is Practices

 

STUDENT PAPER

By Y-son Nguyên

SKEMA Business School

Paris, France

 


 

ABSTRACT

Artificial Intelligence, machine learning, algorithms…These innovations have disrupted every industry in our society. As this technological revolution also affected the legal environment, because of its essence (in other words, because it needs to be regulated), and especially how the law is practiced.  Thus, in our study, we will investigate AI related contracts and what is the effect of algorithms on contracts. We will consider five main options linked with the purpose of our study: the creation of an “electronic personality” in order to recognize AI value creation, improving “smart contracts”, emphasizing on the working relationship between machines and lawyers, and imposing a ban on AI. To rank these alternatives, we will use several criteria to evaluate them, and we will refine our analysis through a qualitative and quantitative analysis. At the end of our study, we will conclude that making “smart contracts” smart stands out as the best way to improve how the law is practiced today.  Indeed, as an intelligent machine, it is able to outperform a human. Nonetheless, the lawyer profession is still needed to make smart contracts intelligent.

Key words:      Artificial Intelligence, AI, Contract, Technology, Law, Dat, Machine Learning, Algorithms

INTRODUCTION

Our society has known many revolutions, from the industrial one in the XVIIIth century to the IT one during the XXth century. Nowadays we are assisting in the evolution of how humans interact with their connected environment[1]. Indeed, we are living in a world where technology has a major impact in many fields: health, finance, law, security, etc. Artificial Intelligence (AI) is the product that can define the most how intelligent algorithms are helping us to better improve.

Moreover, AI is a product that can also be considered as a project, a program, or a portfolio[2]. Indeed, we can see in our table some examples[3],[4],[5]

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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 paul.gardiner@skema.edu.

How to cite this paper: Nguyên, Y. (2019). Artificial Intelligence Contract: How Algorithms and Machines have Disrupted the way Law is Practices, PM World Journal, Vol. VIII, Issue IX, October.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/10/pmwj86-Oct2019-Nguyen-artificial-intelligence-contract.pdf

 


 

About the Author


Y-son Nguyên

Paris, France

 

 

 

 Y-son Nguyên is a young Project Manager of 23 years old and a former PGE Student at SKEMA Business School where he did the MSC Project and Program Management and Business Development. He has a strong international background since he lived in France, USA, Brazil, and he is deeply rooted with Vietnamese culture

After graduating from High school and passed his economical and social “baccalaureate” with honors; he did a Preparatory class for competitive entrance into French Business School during 2 years Paris. He integrated the “Programme Grande Ecole” of SKEMA BS in Management in 2015. During his time in SKEMA BS, Y-son also had several significant work experiences.

Attracted by the consulting environment and project management, he dedicated myself to develop an intellectual curiosity necessary to both of these sectors since he was 16 years old. Indeed, his different experiences in other cultures such as in Vietnam (2013) or in the United States (2017) and Brazil (2018) allowed him to take a step back from our society.

Indeed, he worked as a project manager in two associations. This commitment allowed him to take part to many projects related to sports and music. Then he worked as a project manager for 9 months in an IT consulting firm, currently located in Paris.

For now, Y-son is a consultant at Accenture in Paris.

Y-son currently lives in Paris, France and can be contacted at yson.nguyen@skema.edu; you can also send him a message via Linkedin: https://www.linkedin.com/in/y-son-nguyen-4a3256bb/

 

[1] Giulio Coraggio (2018), How artificial is changing the world around us. Retrieved from: https://www.gamingtechlaw.com/2016/10/artificial-intelligence-world-change.html

[2] Planning Planet (2015), GUILD OF PROJECT CONTROLS COMPENDIUM and REFERENCE (CaR). Retrieved from: http://www.planningplanet.com/guild/gpccar/introduction-to-managing-people

[3] Patrick Moorhead (2018), Apple’s New iPhone Recycling Robot ‘Daisy’ Is Impressive, And In Austin. Retrieved from: https://www.forbes.com/sites/patrickmoorhead/2018/04/19/apples-new-iphone-recycling-robot-daisy-is-impressive-and-in-austin/#a9c0adf7f2e4

[4] Daffodil Software (2017), 9 Applications of Machine Learning from Day-to-Day Life. Retrieved from: https://medium.com/app-affairs/9-applications-of-machine-learning-from-day-to-day-life-112a47a429d0

[5] Andres Richter (2018), How Artificial Intelligence Is Changing ERP. Retrieved from: https://www.industryweek.com/technology-and-iiot/how-artificial-intelligence-changing-erp

 

Which Contract Management technique

can help make a project successful in the construction industry?

 

STUDENT PAPER

By Reda Elidrissi

SKEMA Business School

Paris, France

 


 

ABSTRACT

Construction Industry represents a huge part on the worldwide economy; as years passed projects are increasing, both contractors and owners fail to reach their objectives. However, the management of projects require to respect many criteria to be successful. This paper will identify and explain how a project fails; then bring and show some alternatives on how to solve this issue. Different analysis will be shown such as qualitative and quantitative methods. The results obtained from this paper will show and explain why contractors and owners should select the CM Agency Method In the construction industry.

Key words:     Construction, Failure, Contract Management, Project Management, Project Success Factors, Incentive Contracting, Risks

INTRODUCTION

The industry of construction is huge industry and one of the main industries in all over the world. “The global construction industry is expected to reach an estimated $10.5 trillion by 2023, and it is forecast to grow at a CAGR of 4.2% from 2018 to 2023.”[1] This huge growth can lead to different can of failure during time.

What’s a project? Project is defined to be “an investment that requires a set of logically linked and coordinated activities performed over a finite period of time in order to accomplish a unique result in support of a desired outcome”[2]. On another hand, according to the Guild of project controls compendium projects are means to an end to “acquire, create, update, maintain, expand and eventually dispose” of organizational assets”[3] .

The table below will explain project, program, portfolio of assets and portfolio of projects; and with a real-life example for each one in the construction industry.

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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 paul.gardiner@skema.edu.

How to cite this paper: Elidrissi, R. (2019). Which Contract Management technique is able to make a project successful in the construction industry? PM World Journal, Vol. VIII, Issue IX, October. Available online at https://pmworldlibrary.net/wp-content/uploads/2019/10/pmwj86-Oct2019-Elidrissi-which-contract-management-technique.pdf

 


 

About the Author


Reda Elidrissi

Paris, France

 

 

 

Reda Elidrissi is currently a master student in Skema Business School, pursuing a Master of Science in Project and Programme Management & Business Development (P.P.M.B.D). He graduated from Al Akhawayn University in Morocco and holds a Bachelor’s degree in Business Administration with a double major in Finance and Logistic. He has attended two internships in different company’s industry in Morocco. He performed humanitarian work during his university years. He lives in Paris now and can be contacted at reda.elidrissi@skema.edu

 

[1] Markets, R. (2018). Growth Opportunities for the Global Construction Industry 2018-2023 – A Potential $10.5 Trillion Market. [online] Prnewswire. Available at: https://www.prnewswire.com/news-releases/growth-opportunities-for-the-global-construction-industry-2018-2023—a-potential-105-trillion-market-300578103.html  [Accessed 23 Nov. 2018].

[2] Harris, P., Kriel, J., LeServe, M., Riaz, Y., Giammalvo, D. P. D., Illingworth, S., … Weaver, P. (n.d.). 01.1.2. In Guild of project controls compendium and reference (car). Retrieved from http://www.planningplanet.com/guild/gpccar/introduction-to-managing-project-controls?fbclid=IwAR28qfz7FcD6qA60EI1dtZs03w9m7QRPXKd5q1b1dTVNm98qRvAE-0tf0HA

[3] Guild of Project Controls Compendium (http://www.planningplanet.com/guild/gpccar/introduction-to-managing-project-controls)

 

How to prevent disputes in construction contracts

due to cultural differences

 

STUDENT PAPER

By Arthur Durand

SKEMA Business School

Lille, France

 


 

ABSTRACT

This article aims to prevent cultural disputes. Indeed, projects and contracts in the international construction area meet a lot of obstacles, where disputes are the most damaging. They can cost lot of time, money and even sometimes conduct to the failure of those one.

To solve this problem, we will consider adequate alternatives with the best attributes to evaluate the value of these alternatives. We forecast to use Multi-Attribute Decision Making methods and Pareto analysis, to find the fittest solution to this problem.

Key words:     Construction contracts/culture/Dispute/resolution/Way of thinking/success.

INTRODUCTION

The construction sector involves a large range of international actors in different sectors. Those stakeholders have various “political, legal, economic, and cultural backgrounds”[1]. Many constructions companies propose a wide pack of product. China, USA and India own most of the market shares in the world. “Leading U.S.-based construction contractors in 2017, based on new contracts (in million U.S. dollars)”[2] are The Turner Corp, Fluor Corp and Skanska. Usually most of the companies “involved in on-site construction are small and local”[3]. An organism exists at a bigger level named “the international construction industry”[4], but most of this sector activity is done by local business. However, there is a trend in this sector to outsource the supply of goods and services used in the construction process. Firms ask for specialized services via subcontractors.

Indeed, in construction case, most of the disputes come from the shock of diverse cultural approaches of the contracts and the way of understanding the terms. Cultural discordances and culture have to be managed well and carefully because “these concepts become more critical in construction due to the nature of contracting, internationalization of procurement, joint venturing, and partnering in this industry” [5].

In this situation, many parts are involved, to owner from subcontractors. They have to deal with many elements like time, cost and quality expected. The biggest issue is disputes due to various interests where culture have a big impact.

The growth of strategic alliances in this area also rise the meaning of cultural differences due to people coming from different cultures interacting.

Many researchers proposed some different definition of culture. Hofstede’s has defined culture in an organizational way as “the collective programming of the mind which distinguishes one group from another” [6]. Barthorpe tried to give an easier definition as ‘‘what we are and what we do as a society’’[7].  For Holden, it’s just “varieties of common knowledge.” [8]

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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 paul.gardiner@skema.edu.

How to cite this paper: Durand, A. (2019). How to prevent disputes in construction contracts due to cultural differences, PM World Journal, Vol. VIII, Issue IX, October.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/10/pmwj86-Oct2019-Durand-prevent-disputes-in-construction-due-to-cultural-differences.pdf

 


 

About the Author


Arthur Durand

Lille, France

 

 

 

Arthur Durand is a student in SKEMA Business School and currently doing a master in a Program Project management and business development. He passed the Agile PM this year and is currently searching more experience in project management area. He did an internship at BADENOCH & CLARK Company during the first six months of 2019 year. Currently researching a second internship in project management to complete my gap year, He finished his last semester of study in April 2019.

He spent one semester in Suzhou (China) in Fall 2015 and one in Belo Horizonte (Brazil) in Spring 2018, where he learned how to deal with cultural differences. This experience allowed him to write an essay on Prevent disputes in construction contract due to cultural differences. He completed an internship in Philippines as a teacher in Angeles city during the 2017 summer. It was a humanitarian experience helping to educate Pilipino youth. He gave mathematics and English courses to orphan children who needed education to succeed in life. Arthur has worked in companies during summer since he was eighteen to finance his expensive studies. he worked at INTERSPORT as a cashier, at BOULANGER as a seller and finally at FRUIDOR as quality manager.

Dr Paul D. Giammalvo helped a lot to achieve this goal; thanks to Dr. Giammalvo for giving advice and feedback on work and courses with a work methodology.

Arthur can be contacted at arthur.durand@skema.edu

 

[1] Edwin H.W Chan and Raymond Y.C Tse (2003) – Cultural consideration in international construction contracts. Retrieved from https://pdfs.semanticscholar.org/8686/54fbf0a05f76ab9dd518308182bb7f5d047e.pdf

[2] Statista. (n.d). U.S. Construction Industry – Statistics & Fact. Retrieved from https://www.statista.com/topics/974/construction/

[3] International Labour Organization. (n.d).Construction sector. Retrieved from http://www.ilo.org/global/industries-and-sectors/construction/lang–en/index.htm

[4] International Labour Organization (n.d). Construction sector. Retrieved from http://www.ilo.org/global/industries-and-sectors/construction/lang–en/index.htm

[5] Reach Gate. (n.d). Impact of cultural differences on project success in construction.  Retrieved from https://www.researchgate.net/publication/265973264_Impacts_of_cultural_differences_on_project_success_in_construction

[6] Reach Gate. (n.d). Impact of cultural differences on project success in construction.  Retrieved from https://www.researchgate.net/publication/265973264_Impacts_of_cultural_differences_on_project_success_in_construction

[7] Reach Gate. (n.d). Impact of cultural differences on project success in construction.  Retrieved from https://www.researchgate.net/publication/265973264_Impacts_of_cultural_differences_on_project_success_in_construction

[8]Reach Gate. (n.d). Impact of cultural differences on project success in construction.  Retrieved from https://www.researchgate.net/publication/265973264_Impacts_of_cultural_differences_on_project_success_in_construction

 

 

The Best Ways

to Resolve Contractual Disputes in E-commerce

 

STUDENT PAPER

By Anwesha Bhattacharya

SKEMA Business School

Paris, France

 


 

ABSTRACT

The tremendous boom in the past decade in the world of internet has significantly demanded the need for strong resolution solutions for contractual disputes in the world of e-commerce. This paper follows the different ways to resolve these disputes and finally to come up with a fit that best suits the e-commerce disputes.

To lead us up to this solution many tools like root cause analysis, additive weighting technique, qualitative and quantitative analysis has been used and thus a solution that best fits the problem has been come up with.

Key words:      E-Commerce, E-contracts, Internet, Dispute resolution, Contracts, Management,

INTRODUCTION

In this growing world of the internet, the ‘online presence’ of any company has essentially become the pathway which shows if your business would flourish or die out. This undeniable involves e-commerce contracts which can be vaguely defined as “any contracts that you or your company sign with any technology service provider having anything to do with the internet is an e-commerce contract” [1]. Increasingly companies are turning towards this approach as it not only shows tremendous a growth but also helps a lot in terms of not having to acquire an actual shop. Many well-established companies like Nike, Sephora, H&M who have a lot of market hold and proper showroom also invest in their online shops because of the growing trend in this sector.

“It is defined as any business transaction that has been negotiated over an online system and where the parties interact electronically rather than by physical exchange or contact”[2]. Most of the transactions are between the business and the customers (B2C), this could happen directly through the exact brand/company’s website or by third party websites like Amazon, Shein etc. “Electronic commerce draws on such technologies as electronic funds transfer, supply chain management, Internet marketing, online transaction processing, electronic data interchange EDI, inventory management systems, and automated data collection systems”[3]. “Data integrity and security are very hot and pressing issues for electronic commerce”[4].

These contracts include many attributes of the cyber law and also depends on the jurisdiction of that particular topography. As a result, there are usually disputes arising from the above stated set of complex conditions. For a business to customer transaction (B2C) the amount of shipment is generally restricted to a certain number of items per customer in the clause but disputes might arise in such overseas situations while dealing with business to business transactions (B2B) at the borders due to taxes or unforeseen situations.

The need of a proper e-commerce contracts is indirectly/indirectly related to project management these days as there is a rising demand for more and more product marketing and project marketing marketing/advertisement scope of the projects. Also, if a company decides to outsource or buy products through a company that is entirely based online then there arises a serious need for a good e-commerce contracts that is specific to the matter.

Understanding the causes for these disputes and a deeper realization of where the problem arises will shed some light to the methods or ways that it could be easily resolved. For this research I have visited many online law websites that specializes in e-contracts and its disputes. This has led to the  root cause analysis of this paper which is actually identifying the reasons for disputes in e-commerce.

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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 paul.gardiner@skema.edu.

How to cite this paper: Bhattacharya, A. (2019). The Best Ways to Resolve Contractual Disputes in E-commerce, PM World Journal, Vol. VIII, Issue IX, October.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/10/pmwj86-Oct2019-Bhattacharya-resolve-contractual-disputes-in-ecommerce.pdf

 


 

About the Author


Anwesha Bhattacharya

Paris, France

 

 

Anwesha Bhattacharya is currently pursuing Msc. in Project and Programme Management and Business Development from Skema Business School Paris. Having experience in Business development for about a year she is looking to further her career into project management field. She holds a bachelor’s degree Electronics Engineering from the University of Mumbai, India. She has completed internships in multiple cities in India for business development and has worked as a business developer cum analyst in Mumbai for 4 months before pursuing this degree.

Anwesha lives in Paris and can be contacted via e-mail at anwesha.bhattacharya@skema.edu

 

[1] Schaefer, E. (2012, January 05). What is an E-Commerce Contract? Retrieved October 23, 2018, from http://tcattorney.typepad.com/contracts/2012/01/what-is-an-e-commerce-contract.html

[2] L. (2018, October). Challenges of E Commerce to Traditional Contracts. Retrieved from https://www.lawteacher.net/free-law-essays/contract-law/challenges-of-e-commerce-to-traditional-contracts-contract-law-essay.php

[3] E-COMMERCE and E-CONTRACT. (2018, April 17). Retrieved from https://www.legalbites.in/e-commerce-e-contract/

[4] E-COMMERCE and E-CONTRACT. (2018, April 17). Retrieved from https://www.legalbites.in/e-commerce-e-contract/

 

 

Alternative dispute resolution between actors and directors

or how to avoid the crisis

 

STUDENT PAPER

By Gabriel Héaulme

SKEMA Business School

Lille, France

 


 

Abstract

This paper aims at understanding the financial and time risks of a dispute on a film set and what are the best alternative resolution that could be implemented. Along this paper we will tried to analyse and compare the alternatives. We will first define how this theme is linked to project, practice and program portfolio, then we will try to understand all the issues linked to the movie production industry through the main causes of disputes thanks to a Root cause analysis. Then, we used specific tools such as a non-compensatory model, a multi-attribute decision-making grid, a matrix analysis and, an additive weighting technique model. We used them to assess each scoring attributes, each alternative, and finally the best alternative dispute resolution.

Finally, prevention seems to be the best alternative dispute resolution. We will make a Pareto analysis to highlight the impact of disputes with Prevention and without it.

Key words:      Conflict Resolution, Movies Failure, Alternative Dispute Resolution, Mediator, Contractual Disputes

Introduction

“A long dispute means that both parties are wrong.” – Anonymous. This quote may mean that while two or more people are arguing in a conflict, they are wasting time, money, and energy that could have been used for something more useful. And at the end, everyone is losing. Movies or stages actors can play a lot of roles and emotions, they can pretend to be edgy, but that does not prevent them to face real dispute. Indeed, in this area, actors and directors might face many tensions and sources of conflict, last august, for instance, the well-known director Danny Boyle quitted the new Bond film few weeks before starting filming due to a dispute with the main actor. How much, this kind of problem, could cost for the company? Concretely, dispute could be the causes of project failure in the movie world, it is a key point of concern in this industry where the rise in budgets has new records every year (+ 13.4% of budgets between 2015 and 2016 in France).[1]

As in the example given above, stakeholders in the film world may be under constant emotional pressure that can lead to arguments that will not find any compromise. That is why, these stakeholders should try to find more original ways to solve problems such as the Alternative Dispute Resolution. Any process of allowing conflicting parties to amicably seek and accept a solution to cease the conflict or any intervention by a third party that avoids the use of a procedure will be considered as alternative. “ADR is usually less formal, less expensive, and less time-consuming than a trial. ADR can also give people more opportunity to determine when and how their dispute will be resolved.”[2]

These alternative solutions could be arbitration, conciliation, mediation, negotiation, collaborative law, … We think this kind of tool could reduce the risks and costs of disputes between actors and directors. Disputes are a main issue in this sector, and even if they are finally solved, the legal procedure, in front of a court could cause a project failure, high costs, an increase in the delays and a bad image for the production team regarding the public who could be affected.

As we know a project is a temporary process, moreover, project management can be defined as “the application of knowledge, skills, tools and techniques to project activities in order to meet or exceed stakeholder needs and expectations for the project”[3]. The realization of a movie is a deliverable of a unique product in a temporary project defined by contract. The relationship and the tasks that need to be done appear in this contract. It is a response to a need and deployed in a specific context in this industry.

To better understand how this topic of movie production is related to the definitions of project, portfolio, program and assets, the table below will go into more detail on each of these points.

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 paul.gardiner@skema.edu.

How to cite this paper: Héaulme, G. (2019). Alternative dispute resolution between actors and directors or how to avoid the crisis, PM World Journal, Vol. VIII, Issue VIII, September.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/09/pmwj85-Sep2019-Heaulme-alternative-dispute-resolution-between-actors-and-directors.pdf

 


 

About the Author


Gabriel Héaulme

Lille, France

 

 

 

Gabriel Héaulme is a PGE Student at SKEMA Business School currently in Msc Project Management and Program Management and Business Development in Lille, France.

Passionate about cinema, he has had many professional experiences in this field, both in front of and behind the camera. Highly involved in acting, he is now an improvisation teacher in Lille and leads a group of 14 people. At the same time, he manages a group of young Scouts aged 14 to 17 years old where his project management skills are highly appreciated for a team that wants to go abroad in the summer of 2019. He also had the opportunity to manage an international solidarity project on August 2015 with the objective of building a classroom in a school near Dschang in Cameroon. He recently received the PRINCE2 and Agile certifications during his semester.

Gabriel Héaulme can be contacted at gabriel.heaulme@skema.edu Or gabrielheaulme@hotmail.fr

Also available via his LinkedIn: https://www.linkedin.com/in/gabriel-héaulme-46a207130/

 

[1] Editor’s note: Number of movies approved by the CNC. https://www.afcinema.com/La-production-cinematographique-en-2016.html

[2] Quote from California Courts, © 2018 Judicial Council of California http://www.courts.ca.gov/3074.htm

[3]William R. Duncan (1996) – A guide to the project management body of knowledge http://www2.fiit.stuba.sk/~bielik/courses/msi-slov/reporty/pmbok.pdf

 

 

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