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Negotiating alliance contracts: Strategy and behavioral effects of alternative compensation arrangements

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  • Contractor, Farok J.
  • Ra, Wonchan

Abstract

A key issue in alliances (defined here as any cooperative or joint activity between two or more firms) is the payment or compensation structure stated in the formal agreement between the parties. These days, most agreements include a multiplicity of payment types, including royalties, lumpsum payments and returns on equity. The paper outlines reasons for this and presents a general framework for alliance negotiations. A simulation example shows key negotiation variables, together with non-zero-sum tradeoffs between them. Each map of variable pairs indicates a 'zone of mutual benefit' where the joint profits of both partners can increase. There is often a contradiction between profit maximization and other strategic, behavioral, tax and regulatory considerations which themselves point in non-congruent directions for structuring the alliance. No wonder alliances are such fragile things! Nevertheless, alliances are an indispensable part of the management landscape, and negotiators must know how to structure them. The approach outlined in this paper, the simulation method presented, the caveats indicated for non-financial variables, and the behavioral responses to each, will however help companies to craft better and longer-lasting alliances.

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  • Contractor, Farok J. & Ra, Wonchan, 2000. "Negotiating alliance contracts: Strategy and behavioral effects of alternative compensation arrangements," International Business Review, Elsevier, vol. 9(3), pages 271-299, June.
  • Handle: RePEc:eee:iburev:v:9:y:2000:i:3:p:271-299
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    3. Contractor, Farok J. & Woodley, James A., 2015. "How the alliance pie is split: Value appropriation by each partner in cross-border technology transfer alliances," Journal of World Business, Elsevier, vol. 50(3), pages 535-547.
    4. Lumineau, Fabrice & Frechet, Marc & Puthod, Dominique, 2011. "An organizational learning perspective on contract design," MPRA Paper 38360, University Library of Munich, Germany.
    5. Fabrice Lumineau & Marc Fréchet & Dominique Puthod, 2011. "An organizational learning perspective of the contracting process," Post-Print halshs-01019320, HAL.
    6. Andres Velez-Calle & Cristina Robledo-Ardila, 2020. "Exploring the U.S. Securities and Exchange Commission’s Edgar database by sampling joint venture contracts," International Journal of Disclosure and Governance, Palgrave Macmillan, vol. 17(2), pages 73-85, September.
    7. Fainshmidt, Stav & White, George O. & Cangioni, Carole, 2014. "Legal Distance, Cognitive Distance, and Conflict Resolution in International Business Intellectual Property Disputes," Journal of International Management, Elsevier, vol. 20(2), pages 188-200.
    8. Wonchan Ra, 2008. "A Framework for the Choice of Compensation Types in Foreign Knowledge Acquisition through Strategic Alliances between Firms," International Area Studies Review, Center for International Area Studies, Hankuk University of Foreign Studies, vol. 11(2), pages 309-331, September.

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