Contractual Control In The Supply Chain

This book investigates the legal measures that multinational companies in the Netherlands, England and California take to govern corporate social responsibility aspects of their supply chains and the legal implications these measures have in terms of contract and liability law.

Corporate Social Responsibility has for long been on the agenda in the business world and recently, it has also become a political agenda in the European Union. Focusing on international supply chains and their control based on studies of law in several European jurisdictions, this book aims to advance the discussion on the application and enforcement of CSR. Drawing parallels to US and Canadian law, the book explores to what extent private law tools can be used as an enforcement device and it ultimately asks if what we are witnessing is the formation of a new area of law, employing the interplay of contract and tort – a law of "production liability", as a corollary of the concept of "product liability".

In recent years, the design of contracts in supply chains has received significant attention from researchers and practitioners. Companies try to improve their profits by designing efficient contracts that ensure a high availability of the product at a low cost. In this book the author presents a quantitative approach for designing optimal supply chain contracts. Firstly, service level contracts, which are frequently used between a supplier and a manufacturer, are analyzed. For this contract type, optimal contract parameter combinations are identified that lead to a coordinated supply chain. Secondly, an optimal contract selection strategy is developed for a supply chain where a manufacturer can choose among multiple potential buyers. Potential readership includes scholars of supply chain management and management science, graduate students interested in these areas as well as interested practitioners involved in negotiating contracts.

What Will This Book Do for You? This book provides a survival manual for anyone involved in the crafting, structuring, negotiating, supporting or managing contracts involving commercial transactions of goods, services or both. It blends the practical with general legal principles and highlights best practices for supply chain professionals and anyone else involved, directly or indirectly, with the generation or management of contracts from cradle-to-grave. Even commercially wise and sophisticated organizations can be untrained and unaware of certain gaps and traps in the management of their contracts. This book addresses those pitfalls and provides lessons learned and guidance that are not typically taught at the college or even graduate school level. Experience can be hard and expensive to come by and this book provides a concentrated dose of experience that immediately raises the reader's level of sophistication and awareness for gaps and traps while providing practical solutions to pitfalls that can haunt any organization. Left unchecked, these pitfalls can lead to dysfunction and confusion; both of which can be an expensive proposition in today's competitive and uncertain economic environment. Who Should Use this Book? Supply Chain Management Professionals, Risk Managers, Insurance Experts, Project Managers, Purchasing Agents, Contract Administrators, Executives and any business or technical professionals who are involved with developing, managing or implementing projects, purchases or any complex transaction or procurement where cost, schedule and scope certainty are important. What Does This Book Cover? This book covers how the relationship of the parties affects commercial transactions and addresses the importance of upholding the integrity of the process and the contract by understanding key supply chain best practices. The book focuses on contracting strategies and approaches including how to structure requests for proposals and instructions to bidders as well as key considerations in pricing and pricing adjustments, risk management tools and techniques, the importance of defining the deliverables and outcomes, negotiation strategies and techniques, negotiating warranties and remedies, applying leadership and influencing skills to the process, how to implement sound change management as well as capturing and applying past lessons learned. In addition, special attention is given to the importance of sound "kick off" and "close out", including termination for cause or convenience techniques and other best practices.

Multinational companies attempt to gain contractual control of their supply chain, in the face of possible reputational and legal risks with regard to corporate social responsibility. This article sets out the choices that fourteen Dutch multinational companies make: do they choose contracts, general terms and conditions and/or codes of conduct to regulate CSR in their supply chains? Furthermore, it explores the possibilities and limitations of these choices in terms of contract law. A model with three possible options that companies may choose is proposed. It is concluded that most Dutch multinationals do not rely on codes of conduct alone; nearly all anchor their codes of conduct by means of contractual mechanisms. Furthermore, nearly all 'strong' choices include perpetual clauses in relation to sub-tier suppliers.

Quantitative models and computer-based tools are essential for making decisions in today's business environment. These tools are of particular importance in the rapidly growing area of supply chain management. This volume is a unified effort to provide a systematic summary of the large variety of new issues being considered, the new set of models being developed, the new techniques for analysis, and the computational methods that have become available recently. The volume's objective is to provide a self-contained, sophisticated research summary - a snapshot at this point of time - in the area of Quantitative Models for Supply Chain Management. While there are some multi-disciplinary aspects of supply chain management not covered here, the Editors and their contributors have captured many important developments in this rapidly expanding field. The 26 chapters can be divided into six categories. Basic Concepts and Technical Material (Chapters 1-6). The chapters in this category focus on introducing basic concepts, providing mathematical background and validating algorithmic tools to solve operational problems in supply chains. Supply Contracts (Chapters 7-10). In this category, the primary focus is on design and evaluation of supply contracts between independent agents in the supply chain. Value of Information (Chapters 11-13). The chapters in this category explicitly model the effect of information on decision-making and on supply chain performance. Managing Product Variety (Chapters 16-19). The chapters in this category analyze the effects of product variety and the different strategies to manage it. International Operations (Chapters 20-22). The three chapters in this category provide an overview of research in the emerging area of International Operations. Conceptual Issues and New Challenges (Chapters 23-27). These chapters outline a variety of frameworks that can be explored and used in future research efforts. This volume can serve as a graduate text, as a reference for researchers and as a guide for further development of this field.

Supply chain management contends with structures and processes for delivering goods and services to customers. It addresses the core functions of connected businesses to meet downstream demand. This innovative volume provides an authoritative and timely guide to the overarching issues that are ubiquitous throughout the supply chain. In particular, it addresses emerging issues that are applicable across supply chains--such as data science, financial flows, human capital, internet technologies, risk management, cyber security, and supply networks. With chapters from an international roster of leading scholars in the field, the Oxford Handbook of Supply Chain Management is a necessary resource for all students and researchers of the field as well as for forward-thinking practitioners.

Christian A. Ullrich investigates the optimization potential of integrated supply chain scheduling approaches. Considering a company-internal supply chain, the author ́s first research question is whether the results of integrating machine scheduling and vehicle routing are significantly better than those of classic decomposition approaches which break down the overall problem and solve the subproblems successively. The scope is then broadened to include the machine and transportation scheduling problems of two and more companies at consecutive supply chain stages. The last part of this dissertation addresses supply chain contracting issues.

Behavioral operations management is a new and growing research field incorporating behavioral aspects of decision making into operations management models, challenging the assumption of fully rational decision makers. Behavioral aspects include risk-aversion, mental accounting, reference points, or bounded rationality. In this book the author presents experimental and empirical studies that address behavioral decision making in the supply chain contracting context. First, different behavioral aspects are incorporated in the decision making process of a buyback and a revenue sharing contract. Second, an empirical decision maker is analyzed facing a service level contract. Potential readership includes scholars and graduate students who are interested in the field of behavioral operations management and practitioners looking for behavioral aspects of decision making in supply chain contracting context.

This book is devoted to analysis and design of supply chain contracts with stochastic demand. Given the extensive utilization of contracts in supply chains, the issues concerning contract analysis and design are extremely important for supply chain management (SCM), and substantial research has been developed to address those issues over the past years. Despite the abundance of classical research, new research needs to be conducted in response to new issues emerging with the recent changing business environments, such as the fast-shortening life cycle of product and the increasing globalization of supply chains. This book addresses these issues, with the intention to present new research on how to apply contracts to improve SCM. Contract Analysis and Design for Supply Chains with Stochastic Demand contains eight chapters and each chapter is summarized as follows: Chapter 1 provides a comprehensive review of the classical development of supply chain contracts. Chapter 2 examines the effects of demand uncertainty on the applicability of buyback contracts. Chapter 3 conducts a mean-risk analysis for wholesale price contracts, taking into account contracting value risk and risk preferences. Chapter 4 studies the optimization of product service system by franchise fee contracts in the service-oriented manufacturing supply chain with demand information asymmetry. Chapter 5 develops a bidirectional option contract model and explores the optimal contracting decisions and supply chain coordination issue with the bidirectional option. Chapter 6 addresses supply chain options pricing issue and a value-based pricing scheme is developed for the supply chain options. With a cooperative game theory approach, Chapter 7 explores the issues concerning supply chain contract selection/implementation with the option contract under consideration. Chapter 8 concludes the book and suggests worthy directions for future research.