Given a disclaimer: Ms. Wegrzyn`s priorities include advising companies on general business and trade matters, including commercial contracts, concession agreements, licensing issues, supply chain contracts, marketing and promotion contracts, and logistics… The second part of the clause includes compensation for losses incurred for other reasons. This compensation is very broad. It may well be disputed for the following reasons: it is essential to understand that the limitation period for a compensation clause amounts to the date on which the Freisamer refuses to comply with the award. The compensated party would then have an additional six years from that date to take legal action against the compensation. Therefore, an action for compensation for the damage may be taken several years after the expiry of the right to compensation for default. In most cases, parties who award compensation are not properly informed of these potential effects and of the extension of the risk period they assume as part of their compensation obligations. Agreement Title: ISS Commercial Resupply Services-Supply Agreement Type: Supply Agreement Parties: CODE FACILITY CODE Orbital Sciences Corporation | Nasa-Johnson Space Center Financial Management Document Date: 03/02/2009 It is important to ensure that trade negotiations limit and document the expected scope of compensation to be negotiated and to identify precisely what needs to be achieved economically. If you are thinking about compensation, you really have a risk allocation problem: the party giving the compensation is asked to take the risk of certain events.
The distribution of risks between the parties is obviously an essential element of the negotiation of the treaty, in which each party generally intends to place as many risks as possible on the other party. It is a good thing if you are the party that has all the powers in a negotiation – you could force the other party to accept all the completely unreasonable risks – but where the power is more balanced, asking the other party to accept a wide range of risks will probably lead to a „backward step“ of the other party – and additional delays and costs in the final agreement and a signed contract.