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Disputes in international contracts

Which methods to choose to minimize impacts?

 

STUDENT PAPER

By Marguerite Simon

SKEMA Business School

Lille, France

 


 

INTRODUCTION

As international contracts become ever more important in our society, the resulting litigations about disputes and conflicts follow the same path. Indeed, if the number of contracts signed continues to grow exponentially, disputes which are related to them do the same but the consequences on projects are real. International contractors need to study this current problem in order to avoid them as much as possible.

The disputes appear in international contracts in different ways. One contracting party or nation can don’t respect the terms of a contract and create a conflict or a breach which parties need to resolve quickly[1]. A dispute can also appear by conflicts of interests between two or more parties. Most disputes are very important, so it is even hard to solve it easily. In these cases, parties are often helped by an external person or organisms. Disputes are an important subject in international contracts because the consequences of them are relevant. These problems are related to breaches which can make lose money, time, credibility, productivity or energy for both parties[2]. The stakes are important. A dispute can hamper the good development of one project, even if stop it quickly[3].  Understanding the importance of this topic, methods have been developed to avoid this widespread phenomenon to expand themselves[4] . The aim of these processes is to avoid conflicts before their apparition. To avoid conflict, Steven Pinnell invites us to think about better project management, dispute avoidance through partnering, effective claims management procedures or firm but fair legal strategy and tactics.

Figure 1: Root-cause analysis

However, even disputes are very widespread and important in international contract. When these situations occur, the contracting parties tend to use, firstly formal methods of resolution namely ask service of a judge in a court where a trial will settle an agreement. It is the most formal dispute resolution methods called the litigation. Thanks to a trial and the work of an impartial judge, a binding agreement will be found between the two contracting parties in opposition.

However, this kind of classic resolution of conflict can be a very costly, complicated and lengthy process[5]. Parties tried to find others way of resolution that we will called alternative disputes resolutions methods. They are informal alternatives methods to litigation[6]. These kind of practice of conflict resolutions methods are the most used processes because parties can control the processes and the solutions themselves.

This type of conflict resolution method appears in reaction of the weaknesses of formal methods. Actually, many international contractors are fed up with formal ways of resolutions. Consequently, alternative disputations resolutions methods arise. They are defined by Cornell Law School such as « any method of resolving disputes without litigation »[7]. The school adds that the validity of these ADR methods can still be reviewing by public courts. The particularity of those methods is the presence of an independent third person who helps contracting parties to resolve their disputes and find a common agreement. Namely, voluntary or mandatory, those processes of alternative dispute resolutions are the mediation, the arbitration, the conciliation, the amical expertise, the neutral evaluation, Dispute Review Board, or the settlement conferences…[8]. According to the Planning Planet website there are six feasible alternatives to resolving conflicts. If these methods have the same purpose, it is to say, find an agreement between two contracting parties in conflict, they are differentiated by the role and missions of an external actor. This third person who appears can be a mediator, a conciliator, an evaluator, a judge…

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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: Simon, M. (2019). Disputes in international contracts: which methods to choose to minimize impacts? PM World Journal, Vol. VIII, Issue IV (May).  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/05/pmwj81-May2019-Simon-Disputes-in-International-Contracts.pdf

 


 

About the Author

 


Marguerite Simon

Lille, France

 

 

Marguerite Simon is a student with a double degree between Sciences Po Aix and Skema Business School. At Science Po she is pursuing a master’s degree in International Expertise and at Skema Business School she is currently in Msc Project and Program Management and business development. As part of her studies, she spent a year in Canada, in Montreal. This year abroad allowed him to improve his knowledge of political science.  In addition to these courses, Marguerite works in an automotive consulting firm. She is currently working on Prince 2 and Agile PM certifications for this semester.

Marguerite Simon can be contacted at marguerite.simon@skema.edu

 

[1] Pinto, J. K. & Kharbanda, O. P. (1995). Project management and conflict resolution. Project Management Journal, 26(4), 45–54. Retrieved from https://www.pmi.org/learning/library/project-management-organizational-conflict-resolution-2035

[2] NSW Government, Types of alternative dispute resolution, Retrieved from : http://www.courts.justice.nsw.gov.au/Pages/cats/courtguide/alternate_dispute_resolution/types_adr/types_adr.aspx

[3] PP Admin (2012, February). Guild of project controls comprendium and reference (CaR), Retrieved from : http://www.planningplanet.com/guild/gpccar/formal-disputes-resolution

[4] Steven Pinnell. (2018, December). Dispute Management Partnering, Claims Management and Dispute Resolution. Retrieved from:  http://www.planningplanet.com/guild/library/dispute-management-partnering-claims-management-and-dispute-resolution

[5] Find Law, (2017, May)  What is Alternative Dispute Resolution, Retrieved from : https://hirealawyer.findlaw.com/choosing-the-right-lawyer/alternative-dispute-resolution.html

[6] California Court, The judicial Branch of California, ADR Types & benefits. Retrieved from : http://www.courts.ca.gov/3074.htm

[7] Tala Esmaili. (2017, June) Alternative dispute Resolution, Cornell Law School. Retrieved from  https://www.law.cornell.edu/wex/alternative_dispute_resolution

[8] CMAP, Alternative dispute resolutions methods, Retrieved from http://www.cmap.fr/our-offer/alternative-dispute-resolution-methods/?lang=en

 

 

The Impact of Contractual Clauses

to stop Animal Testing while launching a New Cosmetic Product

 

STUDENT PAPER

By Justine Brabant

SKEMA Business School

Paris, France

 


 

ABSTRACT

Since many years, animal testing is considered as the method to prove that a new cosmetic product is not toxic to consumers health before being marketed. The safety test is a legal requirement from authorities.

However, the use of animals is not required, but it’s always easier for cosmetic companies to do what has ever be done.

Nevertheless, more and more cosmetic companies have decided to stop animal testing and be cruelty-free, but this cannot be a worldwide promise as some countries still require this practice by law when it comes to sale foreign cosmetic products in their own countries.

To identify and understand what the best solution would be to replace animal testing for cosmetics, several tools such as root cause analysis, as well as qualitative and quantitative analysis. The results coming out from these studies will help us to understand why cosmetic companies should implement some new alternatives to animal testing when it comes to launching a new cosmetic product.

Keywords: Cosmetic industry, testing cosmetics, testing cosmetics on animals, consumer’s safety.

INTRODUCTION

It is official: L’Oréal will launch its first brand created internally in 2019 in the United States, the first global subsidiary of the company. Seed Phytonutrients is a haircare, facial care, and body care brand, made from natural ingredients but what is important to note is that seven of the world’s dangerous poisons are all from plants. The use of natural ingredients does not exclude the safety test when it comes to launch a new cosmetic product.

Nowadays, new cosmetic products can’t be marketed without having been tested beforehand for the safety of the consumers. According to Article 3 of the Cosmetics Regulation: “A cosmetic product made available on the market shall be safe for human health when used under normal or reasonably foreseeable conditions of use.”[1] In this context, L’Oréal is legally responsible for ensuring that its new product (and its ingredients) performs the safety evaluation to prove that it is not toxic to human health when consumers use it according to the directions written in the labeling. The Food and Drug Administration (FDA) can take action against the manufacturer if certain information shows that a cosmetic does not meet the legal requirements to protect consumers.

However, these tests involve the use of animal studies to determine toxicology. According to Cruelty Free International, the organization working to put an end to animal testing methods around the world: “at least 115 million animals may be used in safety tests worldwide each year”[2]. And even if more and more cosmetic companies claim that they are “committed to the elimination of animal testing”[3], this method is still implemented worldwide due to the differences in legislation between countries. Cosmetic companies do tests on animals where it is required by law as they sell their products in China.

Nevertheless, more and more governments are passing a ban in their own country to stop animal testing for cosmetics. 2018 is an important date in the animal testing ban history: it has already been five years since the animal testing ban for cosmetics is implemented in European Union. The objective of the ban was reached: there is no animal testing for cosmetics in the EU and, imported products and ingredients tested previously on animals before being sold in the EU was eliminated. It was a big step in cosmetics regulation, and it has been impactful around the world as many countries follow the path. The European Parliament is currently discussing a global ban on animal testing. But for now, other jurisdictions have just followed European Union legislation like California. As you might know, we won’t find beauty products tested on animals on the California market anymore. The “California Cruelty-Free Cosmetics Act”[4] was passed unanimously (80-0) by the California State Assembly on August 31, six months after its introduction by Senator Cathleen Galgiani. This measure bans the sale of cosmetics tested on animals and will take effect from January 1, 2020.

From a project management perspective, when a cosmetic company wants to launch a new brand on the market, the new brand is regarded as a portfolio of assets as the company is using “projects as the means to an end to acquire, create, update, maintain, expand and eventually dispose of organizational assets, their measurement of success is based not so much as whether the project was successful but whether the product the project was undertaken to achieve was successful”[5]. All the creation and testing of products of a new cosmetic brand passes through a Multi-Project program if we consider that each product of the new brand constitutes a project and if we look at the following definition “a multi-project program achieves synergies from projects with common traits such as shared resources, similar clients or product technology. There is a relative interdependence of constituent projects and benefits are expected from synergy.”[6] When the products have been created and, the safety tests were successful, the new brand is ready to be marketed and all the products become new assets for the company if we consider that « an asset can be described as being a tangible or intangible resource with economic value that an individual, corporation or country owns or controls with the expectation that it will provide future benefit”[7].

Identifying the causes leading to animal testing for new cosmetics can be an interesting manner to resolve the roots of the problem.

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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: Brabant, J. (2019). The Impact of Contractual Clauses to stop Animal Testing while launching a New Cosmetic Product, PM World Journal, Vol. VIII, Issue IV (May).  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/05/pmwj81-May2019-Brabant-contract-clauses-to-stop-animal-testing.pdf

 


 

About the Author

 


Justine Brabant

Paris, France

 

 

Justine Brabant is a student at SKEMA Business School. After two years of preparatory class, she successfully passed the exam and entered at the Programme Grande École of SKEMA.  After studying one year abroad, she integrated the MSc Programme and Project Management & Business Development and was certified AgilePM during the semester. She is now looking for opportunities in project management.

Justine lives in Paris, France and can be contacted at justine.brabant@skema.edu

 

[1] Cosmetics Europe, A practical guide. 2016 “Compliance with regulation 1223/2009 on cosmetics products: Roles and Responsibilities along the supply chain” < https://www.cosmeticseurope.eu/files/9314/7306/9079/Compliance_with_regulation_1223-2009_new.pdf >

[2] Cruelty Free International (NA). “Facts and figures” < http://www.crueltyfreeinternational.org/why-we-do-it/facts-and-figures-animal-testing >

[3] Laughlin, A. 2018 “30 Makeup Brands that still test on animals in 2018”, Cruelty-Free Kitty, < https://www.crueltyfreekitty.com/cruelty-free-101/makeup-brands-that-test-on-animals/>

[4] Demotivateur (2018). “Cosmétiques: La Californie devient le premier état à bannir les tests sur les animaux “ < https://www.demotivateur.fr/article/cosmetiques-la-californie-devient-le-premier-etat-a-bannir-les-tests-sur-les-animaux-14352 >

[5]67 Planning Planet (2015). “Guild of Project Controls Compendium and Reference” <http://www.planningplanet.com/guild/gpccar/introduction-to-managing-project-controls >

Comparison of “the privacy policy”

between an American and a Chinese e-commerce website (Amazon/Alibaba)

 

STUDENT PAPER

By Zhifei Yin

SKEMA Business School

Lille, France

 


 

ABSTRACT

Nowadays, we can notice that the e-commerce website is becoming more and more important for people’s life. Whether they want to command products or services, e-commerce websites can give consumers a consumption pattern convenient and different to traditional consumption patterns. Since the online consumption is inseparable from users’ personal information like address, bank account, and preference, the privacy terms should be taken seriously by users.

By selecting Alibaba and Amazon electricity supplier websites, this document compared their privacy policy such as the types of gathering information, uses of cookies, security measures as well as the regulations of minor users, etc. The aims of this document are to find out their differences and similarities, analyze their characteristics, and put forward the suggestion on the construction of privacy policy. This document will help the user to understand the content of the privacy policy of e-commerce websites and try to give them some propositions to protect their personal information.

Keywords: privacy policy, e-commerce websites, clause and flaws, security, disclosure

INTRODUCTION

The e-commerce is a dynamic and still booming industry which has Business to Business(B2B), Business to Customer(B2C), Customer to Customer(C2C), Online to Offline(O2O) and some many different types of transaction model. In the 21st century, with technological advancement and the popularization of the Internet, people’s consumption patterns have changed dramatically. E-commerce has already become an indispensable part for human being’s consumption. The e-commerce sector represented $2304 billion in 2017 and it is expected that this number will increase by more than 100% by 2021. [1]People use e-commerce more and more frequently, but the problem that comes with it is privacy leaks. Since personal information will be recorded during this transaction process where there is quite many private information, the security of personal information is a big issue for the e-commerce platform. According to a survey, there are 92% respondents told that although E-commerce site liable to keep personal data private practically, they disclose personal things. [2]According to another survey, the operator collected personal information without consent, accounting for 62.2% of the total sample survey; the vulnerability of the network service system caused personal information to leak, accounting for 57.4% of the total sample survey.[3] In December 2016, JD.COM, one of the Chinese electric business giants, was leaked revealing 12G of personal information of users, including username, password, email address, telephone number, ID card and other dimensions of information, with tens of millions of data. And from 2015 to 2017, the unauthorized use of a credit card of many Jingdong Baitiao users caused great dissatisfaction among consumers. As a result, E-commerce platforms are trying to maintain user privacy to enhance the user experience. Among them, the privacy policy is an essential agreement.

The privacy policy of e-commerce website refers to the promise made by the e-commerce enterprise when the user accesses the official website of the e-commerce enterprise, and the e-commerce enterprise protects the personal information of the users. The construction of privacy policy of the e-commerce website can reflect a certain extent the degree to which an enterprise attaches importance to protecting the user’s personal information, and is a sign of the credibility of the enterprise. In the European Union, there are strict legislation to protect personal information; in the United States and in China, there is no specific legislation to protect personal information on the Internet, and these two countries adopt self-regulation of industry to protect online personal information, so when conflicts about privacy occur, the privacy policy of the e-commerce is an important reference. A 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[4] In e-commerce, every user’s single activity is a single project: visiting the website, creating an account, ordering products, returning or replacing the articles, etc. All the projects formed the whole program of e-commerce. The result that e-commerce suppliers want to obtain is that the commercial actions are active and an increasing number of users. All these results have a common pre-condition which is that users read and agree with the privacy policy of the e-commerce websites. The privacy policy, in another word, it is a contract between e-commerce websites and their users. There is the definition of the contract in the project: “A Contract is an agreement between two or more competent parties in which an offer is made and accepted and each party benefits. The agreement can be formal, informal, written, oral or just plain understood. (By the actions of the parties).” [5]

Since we believe that every user has specific needs and expectations, e-commerce website needs to answer this demand by managing their tangible assets – their commodity, which can be products and services, as well as their intangible assets such as reputation and quality. In order to meet users’ expectations, e-commerce website must manage their project portfolios by providing quality and variable articles and the satisfying policies. In terms of the policies, one of the most important is privacy policy which should be agreed by users before users create their accounts to order on e-commerce websites. At this point, the privacy policy is a kind of written contract between the e-commerce websites and the users: users should agree to the privacy policy in order to start to use the e-commerce website. If both parties honor their part of this contract, then the whole project will successfully start to run.

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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: Yin, Z. (2019). Comparison of “the privacy policy” between an American and a Chinese e-commerce website (Amazon/Alibaba), PM World Journal, Vol. VIII, Issue III (April).  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/03/pmwj80-Apr2019-Yin-comparison-of-privacy-policy-between-american-and-chinese-ecommerce.pdf

 


 

About the Author

Zhifei Yin

China & Lille, France

 

 

 Zhifei Yin is a Chinese student currently enrolled in the “MSc Project and Program Management and Business Development” at SKEMA Business School and graduated from Central South University of Forestry and Technology (CSUFT) with a “BA in French”.

This master’s degree will allow her to gather the two directions that she wants to give to her career: project management and the international business development. Thanks to her studies at CSUFT, she had the opportunity to go in France as an exchange student in Reims, France, for a one-year university exchange in University of Reims Champagne-Ardenne.

She is now certain that she will work in an international environment and become business development manager or project manager. Being very curious, she wants to challenge herself in any business sector as a business developer.

Zhifei Yin can be contacted at zhifei.yin@skema.edu and lydiayinzhifei@hotmail.com

 

[1] Anne McCafferty, (2011). Internet Contracting and E-Commerce Disputes: International and U. S. Personal Jurisdiction. Retrieved from https://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?referer=https://www.google.fr/&httpsredir=1&article=1012&context=gblr

[2] Muneer et al., J Account Mark, (2018). Data Privacy Issues and Possible Solutions in E-commerce. Retrieved from  https://www.omicsonline.org/open-access/data-privacy-issues-and-possible-solutions-in-ecommerce-2168-9601-1000294.pdf

[3] China Consumers Association, (2018). Application personal information disclosure report. Retrieved from http://www.cca.org.cn/jmxf/detail/28180.html

[4] Adapted from a Linked In discussion initiated by William R. Duncan  1/13/2018- https://www.linkedin.com/feed/update/urn:li:activity:6357416976318558208/ 

[5] Lowery, A., D Giammalvo, Paul., Kriel, Jacobus., LeServe, M., Regan, S., & Williams, J., (2015). Managing contracts. Retrieved from http://www.planningplanet.com/guild/gpccar/managing-contracts-managing-the-contract

 

Research about Solving the Arrears Payment Problem

for Subcontractors in the Chinese Construction Industry

 

STUDENT PAPER

By Qing Wu

SKEMA Business School

Lille, France

 


 

ABSTRACT

Arrears payment and prolonged payment have considerably affected contractors, construction project completion and project quality in the Chinese construction sector for a long time. This paper sought to unravel the leading cause of this problem from the perspective of owners and give some appropriate alternative solutions by using Root Cause Analysis Diagram and Non-Compensatory Model. Then we use Muti-Attribute Decision Making model, Additive Weighting Technique to select the best solution.  Absolutely, we also need to confirm that the alternative solutions do have impacts on the arrears payment problem, so we choose to use Pareto Analysis, which can help us have a clear understanding of this alternative solution. By giving these analyses and researching methods, we find that Subcontracting is the best way to avoid and resolve this problem and we cannot implement Advance Deposit and Adding Late Payment Penalties these two methods in China since they are not suitable for China in the current construction industry. In conclusion, we hope that these solutions would help in improving payments problems in China.

Keywords: Prolonged Payment/ Arrears Payment in the construction Project/ Project Management/ Chinese Construction Industry

INTRODUCTION

In recent years, the Chinese construction industry has been growing rapidly since 1978. A large number of infrastructures, industrial and civil construction projects launched. The National Bureau of Statistics (NBS) said that “The value-added output of the construction industry reached 5.57 trillion yuan (about 816.6 billion U.S. dollars) in 2017”[1]. However, due to the imperfect legal system in the construction industry and weak regulatory measures, the the construction market was once seriously confused. Therefore, there are many problems raising in the Chinese the construction industry. Arrears payment & prolonged payment delays is one of the most serious one. As the report said that “Many reports have documented the massive scale of withheld wages and lack of payment. A 10,000 questionnaire survey by Little Bird, a Chinese labor NGO, concluded that over 75% of the construction workers received, or expected to receive, salaries less frequent than half-yearly. Most hoped to get paid eventually by year-end, despite legislation stipulating that salary must be paid on monthly basis”[2]. Laws and legislation cannot mitigate this situation since some government units are substantially involved in this unethical practice. As reported” Huang” (2004) the vice minister of the MOC, pointed out that 36.7% payment arrears were generated from the projects that were funded directly or indirectly by the government.”[3]Therefore, increasing payment issues have attracted much more attention.

Why arrears payment and prolonged payment problem are so serious in the Chinese the construction industry? As the report said that” the State Council provided an official interpretation in November 2003, there are five main reasons printed out”[4]. These are the deficiency of the credit system and legal system, unfair market environment, looseness implementing regulations, imbalance of the construction market, and local governments initiating projects without sufficient funding arrangement.

Indeed, besides the reasons mentioned above, in the construction project management, project owner and contractor also are responsible for this problem. For example, in China, because of extensive market competition, some contractors will promise that they can advance part of the payment in order to successfully bid. In this case, most owners will agree with this such decision. However, at the end of the project, owners will take advantage of contractors’ weakness risk awareness for arrears payment. Besides, some project owners are blindly launched without sufficient funds and financing channels, which directly lead that employees cannot receive their wages.

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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: Wu, Q. (2019). Research about Solving the Arrears Payment Problem for Subcontractors in the Chinese Construction Industry, PM World Journal, Vol. VIII, Issue III (April).  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/03/pmwj80-Apr2019-Wu-solving-arrears-payment-problem-for-subcontractors-in-chinese-construction.pdf

 


 

About the Author

Qing Wu

Sichuan, China

 

 

 

Qing WU is a second-year graduate student studying for Project Management and Business Development in SKEMA BUSINESS SCHOOL. Born in Sichuan, China. She received her Bachelor Certification of French language and literature major in Jincheng College of Sichuan University in China, before going to France to study abroad. Since 2017, she is an international student with a rigorous and serious learning attitude, who also devotes to receive academic developments and obtain professional certifications. Thanks to the studying aboard, she found the differences in students’ learning methods and teaching methodology between her French friends and herself. Therefore, she began to absorb new knowledge and adjust her study habits and methods. Now, she has been exposed to many new courses, such as international contract management, global project management and leadership skills. By learning these courses, she has gained a deeper insight about some issues, such as arrears payment problem in the Chinese construction industry, and plan to deeply research by studying typical academic materials as well as the project case study. The learning experience has given her a deeper understanding of the Project Management and Business Development.

Qing lives in Sichuan, China and can be contacted at qing.wu@skema.edu

 

[1] Yi, Y. (2018, September). China’s the construction industry on rapid growth since 1978. Retrieved from: http://www.xinhuanet.com/english/2018-09/09/c_137455844.htm

[2] Bengten, P. (2018, February). Hidden in plain sight: forced labor constructing China. Retrieved from: https://www.opendemocracy.net/beyondslavery/peter-bengsten/hidden-in-plain-sight-forced-labor-constructing-china

[3] Wu, J. Payment problems and regulatory responses in the construction industry. Retrieved from: https://www.academia.edu/3690284/Payment_problems_and_regulatory_responses_in_the_the construction_industry

[4] Wu, J, Kumaraswamy, M, M.ASCE, Gary Soo. Payment problems and regulatory responses in  the construction industry. Retrieved from: https://www.academia.edu/3690284/Payment_problems_and_regulatory_responses_in_the_the construction_industry

 

 

Contract & Clauses, an indispensable tool

to manage and protect the Intellectual Property within a company

 

STUDENT PAPER

By Bastien Nowak

SKEMA Business School

Lille, France

 


 

ABSTRACT

This paper aims to analyze and understand what the actions are to be undertaken for a company to control and manage their intellectual property. All companies have an intellectual property, yet few of them know how to manage it properly. Intellectual property, indispensable clause in the employment contract? How do you manage the protection of intellectual property? To answer these questions, we will focus on analyzing the different possible alternatives to protect and manage its intellectual property. To have the best possible vision we have used the root-cause-analysis, as well as other tools such as non-compensatory model, a multi-attribute decision-making grid, a matrix analysis and an additive weighting technique model. This tool aims to assess each scoring attributes and alternatives. Finally, we use the Pareto model to highlight the impact that the implementation of our best alternatives on the company will have. Finally, the solution Employment contract & clauses represents the best alternatives to protect and manage intellectual property.

Key words: Intellectual property / Laws / Impact / Contract / copyright / patent / clause

INTRODUCTION

In the digital and computer age, works and creations are less and less protected. Thanks internet, we have access to a vast amount of work, documents, logos (etc.) in a free and instantaneous way. It has therefore become of paramount importance for businesses and individuals to protect their innovation, creation and work. Intellectual property rights are constantly rising in the world. “In 2016 there are more than 58 million intellectual property rights as well as more than 3 million applications for patents”[1] according to WIPO Statistics Database.

The expression of intellectual property is a concept that was born in 1967 at the same time as the creation of the “World Intellectual Property Organization”[2]. It has become common for only a few years, and this term refers to all innovations, literary and artistic works, but also names, logos, images, patents (etc.) used in the commercial sector. There are two major aspects: Industrial property and copyrights.

Industrial property[3]: “Industrial property is a right forming one of the branches of intellectual property. It refers to rights granting and protecting a temporary monopoly of exploitation over a technical process. It also protects a mark or other sign allowing the identification of an industrialist or a merchant. Patents, designs and models may be subject to industrial protection if their authors so request.” It is with the National Institute of Industrial Property (INPI) that a company can protect its intellectual property.

Copyright[4]: “This is the exclusive right preserved to the creator for his creation. It can be a patent, trademark and trade secret. This right promotes the authors to create more innovations. Generally, the life of copyright is the entire lifespan of the creator plus another 50 or 100 years. Copyright gives the right to copy to the creator which can be used to charge for the usage of his creation.”

In general, it allows the creator, owner, owner of a patent, to be protected by copyright and prevents any third party from taking advantage of his work or his investment in a creation. These rights are set out in Article 27 of the Universal Declaration of Human Rights.

Protecting your intellectual property is protecting your portfolio and these assets, and is the responsibility of project management. When you have a business, recruiting employees, working with suppliers (etc.) you will have to sign contracts. It is up to the contract management team and / or the managers to identify, analyze and take the necessary actions to protect the company and its resources. Intellectual property theft can be bad for a business so much that it has become an important issue for the proper functioning of the business. Many companies have turned to employment contracts to protect their assets. It is necessary to take into account several aspects to achieve employment contracts that will protect the company effectively. Indeed, since each employee does not have the same status, positions and responsibilities, it is necessary to succeed in managing all the contracts whatever it is. But it’s also important to manage all the assets and projects in relations to Intellectual Property in order to collect revenue and profit. That’s why companies use project, program, portfolio and asset management to issue personalized contracts to employees and control that intellectual property does not leave the company.

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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: Nowak, B. (2019). Contract & Clauses, an indispensable tool to manage and protect the Intellectual Property within a company, PM World Journal, Vol. VIII, Issue III (April).  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/03/pmwj80-Apr2019-Nowak-contract-and-clauses-to-protect-intellectual-property.pdf

 


 

About the Author

Bastien Nowak

Lille, France

 

Bastien Nowak is a PGE Student at SKEMA Business School currently in Msc Project & Program Management and Business Development in Lille France. He has a strong background in Business Development and Project Management. In 2016, during his Erasmus semester at the Budapest Business School, with 6 other collaborators, they worked on the promotion of students abroad. During his two-year degree in Sales at the University of Picardy Jules Verne in Amiens, he also had the opportunity to work on the organization of a basketball tournament bringing together the main clubs of Amiens, France. He integrated SKEMA Business School in September 2016, where he had the opportunity to work on many projects like Skip The Beat (House Music Festival). He is currently working on PRINCE 2 and AGILE PM certifications.

Bastien Nowak lives in France, and can be contacted at: Bastien.nowak@skema.edu  or Bastien.nowak78@gmail.com

Also available on LinkedIn: https://www.linkedin.com/in/bastien-nowak-9a8156131/

 

[1] Wipo. (2017) World intellectual property indicators. Retrieved from http://www.wipo.int/edocs/pubdocs/en/wipo_pub_941_2017.pdf

[2] Qu’est-ce que la propriété intellectuelle? (n.d.). Retrieved from http://www.wipo.int/about-ip/fr/

[3] Propriété industrielle (définition). (n.d.). Retrieved from : https://droit-finances.commentcamarche.com/faq/23944-propriete-industrielle-definition

[4] Zigu. (n.d.). Copyright Definition | Marketing Dictionary | MBA Skool-Study.Learn.Share. Retrieved from : https://www.mbaskool.com/business-concepts/marketing-and-strategy-terms/6863-copyright.html

 

Improving contractor’s Credit system

mitigates Delayed or Late Payment issues on Chinese Construction contracts: An Academic research

 

STUDENT PAPER

By Hongjing Lai

SKEMA Business School

Sichuan, China and Lille, France

 


 

ABSTRACT

This paper comes up with a research question that from the perspective of contractors, what are the leading causes for delayed and non-payment issues? Thus, it aims at analyzing these reasons and providing feasible alternatives (Milestone payment, Commercial debt, Liens, Payment bond, Recruitment of agencies and credit system) to deal with them. Furthermore, as the process of research, the paper is verified and evaluated through Fish bone Diagrams, Pair-wise comparison method, non-comparison model, non-dimensional data technique, rank table as well as Pareto Analysis.

After these analyses, it figures out that compared with another 5 alternatives, credit system could be the most effective remedy for ensuring prompt payment. Besides, the solution of using Liens could be excluded from research as less feasible.

Keywords: Construction industry, delayed payment, bond, Milestone, credit, debt

INTRODUCTION

As delayed and late payment issues chronically exist in domestic construction industry, Chinese companies are short of capability, competitiveness and energy in global construction market. Nowadays, the increase of payment issues attracts more attention because of the serious impact on implementation of construction programme. According to the survey, “the construction funds that have been owed by construction companies have accounted for 38.5% of the construction output value.”[1] “Among them, “45.2% of the total arrears were within 1 year, 24.3% from 1 year to 2 years, 18.9% from 2 years to 3 years, and 11.6% over 3 years.”[2] In the arrears project, there are government projects, state-owned enterprise projects, non-governmental projects, and foreign investment projects. “The projects in arrears of construction projects generally account for more than 50% of the total number of construction and completion projects”.[3] Among them, real estate development projects, large-scale and extra-large projects are particularly outstanding. In conclusion, this problem probably destroys social economic principles as well as deteriorating social credit environment. “To some extent, it may increase the wages of enterprises in arrears among employees, causing decreasing employment rate.”[4]

“To deal with delayed and late payment issues, it’s crucial to identify and describe following 4 features”:[5]

  1. year-on-year increase in arrears
  2. particular exposure in government investment projects
  3. Debt chain lengthening as well as multiple-layer debt relationship
  4. decrease in construction project quality.

“Referring to these features, it shows that leading causes for delayed and late payment issues generally exist in two sides of project owner and contractor as well as the conflicts between them”.[6] Therefore, the solutions should consider bilateral benefits, obligation and physical truth like corporate culture and organization structure. Nowadays, contractors’ obligation and self-reflection are more likely to be ignored while dealing delayed payment issues. In the project management, supplier plays an essential role in organization theme. In the project board, senior suppliers take place to directing a project process. Through the analysis and evaluation of  leading causes for delayed payment issues in Chinese construction companies, the role and obligation of contractors in delayed payment issues would be identified, discussed and verified.

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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: Lai, H. (2019). Improving contractor’s Credit system mitigates Delayed or Late Payment issues on Chinese Construction contracts: An Academic research, PM World Journal, Vol. VIII, Issue III (April).  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/03/pmwj80-Apr2019-Lai-improving-contractors-credit-in-chinese-construction.pdf

 


 

About the Author

Hongjing Lai

Sichuan, China
Lille, France

 

 

Hongjing Lai is an international student with 1 and a half years of learning experience in project management and business development. Born in the Basin of Sichuan Province, she received her Bachelor Certification with French language and literature major at local University in China before embarking on the adventure of expat living, learning in France. Studying in France since 2017, she serves as an international student with a serious learning attitude and habits, who also devotes to more professional certifications as well as academic developments. During this learning process, she noticed the difference of studying methods and habits and decided to overcome problems as much as possible. At present, she still studies hard in project management and business development courses like international contract management, sustainable project management etc… with rich teaching resources. Through these courses, she has investigated some issues like delayed payment and contract’s termination in construction industry and plans to deeply research from previous and typical academic materials and reference as well as project case studies.

Lai lives in Sichuan, China and can be contacted at hongjing.lai@skema.edu

 

[1] Talking about the Problem of Arrears and the Countermeasures. Retrieved from: https://www.cbi360.net/hyjd/20171228/110889.html

[2] Default project Baidu Encyclopedia. Retrieved from: https://baike.baidu.com/item/%E6%8B%96%E6%AC%A0%E5%B7%A5%E7%A8%8B%E6%AC%BE/8587656?fr=aladdin

[3] Default project Baidu Encyclopedia. Retrieved from https://baike.baidu.com/item/%E6%8B%96%E6%AC%A0%E5%B7%A5%E7%A8%8B%E6%AC%BE/8587656?fr=aladdin

[4] Jiqing. Y. Thoughts on the arrears of construction projects in the construction field. Retrieved from: https://wenku.baidu.com/view/9c6f6a182f3f5727a5e9856a561252d380eb20fc.html

[5] Report of Causes and Countermeasures of the Arrears. Retrieved from: https://wenku.baidu.com/view/c14f1b98b8f3f90f76c66137ee06eff9aef849cd.html

[6] Report of Causes and Countermeasures of the Arrears. Retrieved from: https://wenku.baidu.com/view/c14f1b98b8f3f90f76c66137ee06eff9aef849cd.html

 

 

NGOs and Governments

Is Memorandum of Understanding enough?

 

STUDENT PAPER

By Yohanka Dumont Jakesova

SKEMA Business School

Paris, France

 


 

ABSTRACT

As the number of NGOs evolve in each field and each country, the need for project management in these organisations has increased. Especially when they are partnering with governments? Contracts need to fit in this changing environment, and they can play a meaningful role in the project’s success. The fundamental aim of this research is to understand the memorandum of understanding, what is it exactly and are there any other options for an NGO when the need for a partnership with government becomes crucial. The paper ran a literature review on recent research to assess the main challenges with several types of contracts or agreement. Then, the paper established the impact of several types of contracts or agreements on NGOs’ project with. Finally, the paper analysed how each effect and action of contracts or agreement can contribute to project management performances in the humanitarian sector. The obtained results have shown that NGOs have many options regarding contracting out with a government that could improve performance management but have better results in a long-term vision.

Keywords: memorandum of understanding, NGOs, project management, governments, development partnership, social contracting, public sector

INTRODUCTION

For the past three decades, NGOs have grown in interest, in power and numbers. They can now answer many challenges and opportunities for reducing poverty and hunger, increasing child education, promoting human development and many more. Governments seek to forge a strategic partnership with NGOs. They have united to solve many issues by sharing a common goal and a development guideline. These long-term developed goals would be pursued by the alliance of the public sector and non-profit sector.

We are going to study the partnership relations between NGOs and governments, in the field of international cooperation from a management perspective. Management allows us to analyse the relations between the NGOs and governments into account the two parts simultaneously, not only one as a complement of the other but also one in dialogue with the other. “Project Management will allow us to examine how these organisations have built their partnership relationships over the years and, more specifically, how actors negotiate their dependence and autonomy within their relationships in the memorandum of understanding” [1] .

The NGO sector is exceptionally diverse, heterogeneous and populated by organisations with hugely varied size, scope, targets, structures and motivations. Therefore, they face many challenges which, together with an absence of proper project management methodology, usually cause poor project planning, lack of stakeholder involvement, partial risk management strategies, unmotivated project team and eventually – lousy quality, losses of time and money.

Project management can be compared to the preferred option to create, acquire, update, maintain expand and eventually dispose of the organisational asset [2]

A project is defined to be “an investment that requires a set of logically linked and coordinated activities performed over a finite period to accomplish a unique result in support of the desired outcome” [3]. Humanitarian projects have always been one of the biggest challenges when it comes to project management; it includes five keys processes: the initiation process, the “humanitarian” planning process, the executing process, the monitoring and controlling process and the closing process. Through these steps, the project manager of a humanitarian project will have to plan the project, create it, control it and maintain it using the available resources or assets. For NGOs, it is a means-to-end, a strategic way to achieve their project and program through project management processes. Projects undertaken by NGOs is either an investment or a cost for the organisation from which they expect a positive return on investment or an asset. As an example of a single project, Doctors Without Borders create a medical program in Chechnya working closely with the Chechen Ministry of Healthy. The project was focused on tuberculosis and mental health in this country. They helped 156 patients diagnosed with tuberculosis and 868 patients with a mental health issue. The project was successfully closed in March as committed to ensuring continuity of care for these patients. [4]

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 paul.gardiner@skema.edu.

How to cite this paper: Jakesova, Y. D. (2019). NGOs and Governments: Is Memorandum of Understanding enough? PM World Journal, Vol. VIII, Issue III (April).  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/03/pmwj80-Apr2019-Jakesova-NGOs-and-governments-memorandum-of-understanding.pdf

 


 

About the Author

Yohanka Dumont Jakesova

Paris, France

 

 

Yohanka Dumont Jakesova is a 22 years old French-Czech student, currently pursuing a Master of Science degree in Project and Program Management and Business Development at SKEMA Business School. Being deeply interested in NGOs and humanitarian projects, she involved herself in the management of several projects and is interesting in becoming a project manager in those fields.  Her international experiences, internship in Prague, Czech Republic and exchange year in St-Petersburg, Russia gave her the opportunity to become an adaptable and open-minded person.

She can be contacted at: y.dumontjakesova@gmail.com

https://www.linkedin.com/in/yohanka-dumont/

 

[1] Navarros-Flores, O. (2009). Le partenariat en coopération internationale: paradoxe ou compromis? Québec, Canada: Presses de l’Université du Québec. Retrieved from Scholarvox: http://www.scholarvox.com/reader/docid/88801658/page/1?searchterm=ong

[2] Guild of Project Controls Compendium and Reference (2015, November 02). Managing project controls. Retrieved from http://www.planningplanet.com/guild/gpccar/introduction-to-managing-project-controls

[3] Guild of Project Controls Compendium and Reference (2015, November 02). Managing project controls. Retrieved from http://www.planningplanet.com/guild/gpccar/introduction-to-managing-project-controls

[4] Doctors Without Borders. (2017). Russian Federation. Retrieved from https://www.doctorswithoutborders.org/what-we-do/countries/russian-federation

 

How to handle disputes in Professional Sports

 

STUDENT PAPER

By Lucas Bouquerel

SKEMA Business School

Paris, France

 


 

ABSTRACT

Nowadays sports took a very important part in our life. Every day we are confront of sports and sport is more and more mediatized. During the 20th century ADR was brought into sports field, but it is still not known by all the actors of this world. It gave us more choice to resolve disputes in sports area. But, with the lack of understanding it can be difficult to choose the best one.

I will use the method of Multi-attribute Decision Making (MADA), to found out that prevention is the more suitable resolution to sports disputes.

Keywords: Contracts, payment, free-time, athletes, sponsoring, sports club, prevention, control, influence, social media.

INTRODUCTION

Nowadays sports could be considered as a real industry, but why? In the United States already Sports is a money machine. For example, “the National Football Association earned in 2015 13 billion dollars.”[1] This phenomenon went overseas in Europe with football. Another example “leads us to the new negotiation around television transmission right of the English Premier League which was earned for 7 billion euros.”[2] More recently the French “Ligue 1” sell her transmission right to a Spanish company for 1 billion euros. Sports clubs are running like companies and the players as investments. It is a bet. Some clubs are in the stock exchange and they are very volatile in case of failure or big scandal. These huge amounts of money allow the clubs to pay more their players and also bring to the sport planet many problems which are black hole and for what we do not have any black and white written solution. Contracts are here to help and to avoid this kind of problems. Let’s go deeper to this problem.

With these quantities of money available in sport an athlete is more than just a player. Also, with the new technology a player is real person of influence around the world. For example, “Cristiano RONALDO has 144 million followers in Instagram.”[3] We can also talk about the “scandal of Serge AURIER in periscope in 2016, which lead to a huge problem for his club Paris Saint Germain in the management of his case because of contracts failure. Sports club has to protect themselves from any derives on the new technology and this could be a problem in contracts. The sports club are faced to many problems nowadays and contract could be a solution to theses, but is it possible to create a perfect contract to handle all the disputes possible?

The disputes between a sports club and an athlete could take three major forms. The first one is the commercial disputes. Sometimes the players have other contracts with other brands, which are different from the brand in contracts with their employers. The second one is directly between the sports club and the athlete. It could be a basket-ball franchise which refuses to make a player available for national teams’ competition. And, the last one is a suspension of license or a bankrupt like we can see sometimes in football. These three issues in the sport planet are very frequent and sometimes go into court or just to huge issues between players and sports clubs with million dollars in stake.

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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: Bouquerel, L. (2019). How to handle disputes in Professional Sports, PM World Journal, Vol. VIII, Issue III (April).  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/03/pmwj80-Apr2019-Bouquerel-disputes-in-professional-sports.pdf

 


 

About the Author

Lucas Bouquerel

Paris, France

 

 

 

Lucas Bouquerel is a SKEMA student in Project Management and Business Development. Born in Paris in 1995, he already done two internships in project management. One was in digital (complete refund of a website in a French new company) and the other one was in an American company, specialized in business travel for pharmaceutics group. He always worked in France but traveled a lot (Asia, Africa, South America, Europe) and wants to work worldwide. He did two semesters abroad, one in Belo, Horizonte, Brazil and one in Ljubljana, Slovenia each time for six months. Before the business school he studies economics in “La Sorbonne”, in Paris for two years. He is now in his last years of his Master 2 degree in SKEMA Business School and seeking for opportunities worldwide.

He just completed this paper under the tutoring of Dr. Paul D GIAMMALVO to complete International Contracts class and also have his first paper published in a professional project management website.

Lucas lives in Paris, France and can be contacted at lucas.bouquerel@skema.edu

 

[1] NORMANDIN, F. (2018, March 6). La NFL, un modèle d’affaires gagnant ? Les revenus (1) – Échec et Strat. Retrieved from https://echecetstrat.com/2018/02/06/la-nfl-un-modele-daffaires-gagnant-les-revenus-1/

[2] BUXEDA, Y. (2015, February 11). Droits TV : un pactole de 6,9 milliards d’euros pour la Premier League – France 24. Retrieved from https://www.france24.com/fr/20150211-droits-tv-football-premier-league-angleterre-7-milliards-euros-pl-manchester-liverpool

[3] INSTAGRAM. (2018). Cristiano Ronaldo (@cristiano)? Instagram photos and videos. Retrieved from https://www.instagram.com/cristiano/

 

Adopting the best dispute resolution method

in the Travel and Hospitality industry using Multi-Attribute Decision Making Models

 

STUDENT PAPER

By Laura Bierling

SKEMA Business School

Paris, France

 


 

ABSTRACT

Travel and Hospitality industry faces regular disputes between the different stakeholders and at different levels. This paper reviews the different dispute resolution methods in the Travel and Hospitality Industry. After a brief description of each alternative to dispute resolution, those alternatives are compared to each other regarding chosen criteria. Those seven criteria are weighted according to their level of importance for dispute resolution. This analysis using the Multi-Attribute Decision-Making method allows us to conclude that Negotiation is the best dispute resolution method in the Travel and Hospitality Industry. On the other hand, this paper also shows the worst dispute resolution in this kind of industry.  Between the best and the worst one, other important alternatives need however to be considered when discussing the dispute resolution method which is going to be used. It is hoped that this paper will provide useful advice for The Travel and Hospitality Industry to help them resolve the dispute in the most effective and efficient way.

Keywords: Dispute resolution, tourism, travel industry, tourism industry, ADR (Alternative Dispute Resolutions)

INTRODUCTION

“The Travel and Tourism represents 10,4% of the Global Gross Domestic Product (GDP) in 2018.”[1] It is, therefore, an important sector whose proliferation and successful completion of projects must be encouraged. The smooth running of a project depends on the respect of the rules and clauses established by the two signatories of the contract. However, sometimes internal or external elements can disrupt the project and conflicts between project stakeholders can arise. The Travel and Hospitality industry regularly face disputes which can arise at any stage of the project, and that can often have a strong negative impact on one or both parties to the conflict and thus, on the project. These disputes are not diminishing, especially because of the development of online travel agencies (OTA’s) and all travel meta-search. Indeed, these new entrants in the tourism industry encourage the multiplication of conflicts between the different partners.

Now, let’s consider different definitions linked to Project and Program Management in order to better understand the link with the Travel and Hospitality 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: Bierling, L. (2019). Adopting the best dispute resolution method in the Travel and Hospitality industry using Multi-Attribute Decision Making Models, PM World Journal, Vol. VIII, Issue III (April).  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/03/pmwj80-Apr2019-Bierling-adopting-best-dispute-resolution-method-in-travel-industry.pdf

 


 

About the Author

Laura Bierling

Paris, France

 

 

 

Laura Bierling is currently an MSc student in Project and Program Development and Business Development in SKEMA Business School, Paris, France. She started her academic career with a double bachelor’s degree in History and Political Science at Paris 1 Panthéon Sorbonne University. Then she did a MSc in International Communication and Development at City University of London. As a graduate she gained knowledge about very diverse domains, such as communication, marketing, law and public relations.

She has worked in a French newspaper as a communication manager and in an Online Travel Agency as a marketing and media partnerships manager, which provided her with greater skills and knowledge about leadership, teamwork, problem-solving, communication, work ethic and management.

By studying Project and Program Development and Business Development in SKEMA Business School she is looking to develop her management and leadership skills and become a Project Manager in the Travel and Hospitality Industry.

Laura lives in Paris, France and can be contacted at bierlinglaura@gmail.com

 

[1] World Travel and Tourism Council. (2018). Travel and Tourism Economic Impact 2018 World. Retrieved from https://www.wttc.org/-/media/files/reports/economic-impact-research/regions-2018/world2018.pdf   

 

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