July 2008
AAA would like to thank Mallesons Stephen Jaques for contributing this interesting paper to our website.
Should you wish to contact Mallesons’ alliance experts and authors of this paper, write to:
Geoff Wood (Sydney) at Geoff.Wood@mallesons.com
Andrew chew (Sydney) at Andrew.Chew@mallesons.com
Scott Budd (Brisbane) at Scott.Budd@mallesons.com or
Annabel Catto at Annabel.Catto@mallesons.com
A fundamental characteristic of the alliance is that decisions are made unanimously by its ‘Alliance Board’ and ‘Alliance Management Team’ (or similarly named bodies). Reserved powers are the exception to this rule. Reserved powers are those matters which may be decided by the Owner and the Owner alone.Some (usually Non-Owner Participants) view reserved powers as the ‘big bad wolf’ of alliance contracting, cutting at, or indeed cutting out, the very heart of an alliance - its cooperative risk-sharing framework. This standpoint encourages Non-Owner Participants to resist the inclusion of reserved powers altogether.Others view reserved powers as a way for Owners to ‘have their cake and eat it too’, to reap the cost benefits of an alliance while retaining control. The risk of this view is that Owners may use reserved powers so liberally that the alliance agreement itself is in effect reverted into a traditional principal-contractor arrangement and the benefits of alliancing are lost.
To read the rest of this article. Click Here: Reserved Powers - FOM July 2008
S. Rowlinson & F. Cheung, 2007
Click here to down load this article: Relational Contracting
Zero to $1 billion: A new study shows that companies that spurt from saplings to giants tend to share the same seven traits.
by Richard McGill Murphy, FSB senior editor April 27, 2006: 10:39
(FORTUNE Small Business) - What do a cheesecake chain, a green energy company, a medical software firm, and an online broker have in common? They are among 49 U.S. companies that hit a special milestone last year: $1 billion in annual sales. Many of these superstars you've probably heard of. The broker is Ameritrade (Research). The restaurant chain is Cheesecake Factory (Research). Others are less well known, including Cerner, a medical software firm in Kansas City, and Headwaters, an alternative energy company in Salt Lake City.
Click here to download the full article: July 2008 - Zero to a Billion - Alliances for SMB
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