Using Proactive Law for Competitive Advantage

Siedel, George J.; Haapio, Helena

doi:10.2139/ssrn.1664561

Cited by 18 publications

(25 citation statements)

References 16 publications

(4 reference statements)

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“…What makes regulation proactive, as well as how MNCs can use law in more proactive ways, is the focus of an area of legal scholarship known as proactive law . Proactive law challenges the retrospective‐oriented, responsive approach to law and urges a paradigm shift .…”

Section: Public and Private Approaches To Sustainability Rulemakingmentioning

confidence: 99%

A Firm‐Driven Approach to Global Governance and Sustainability

Park¹,

Berger-Walliser²

2015

American Business Law J

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Section: Public and Private Approaches To Sustainability Rulemakingmentioning

confidence: 99%

A Firm‐Driven Approach to Global Governance and Sustainability

Park¹,

Berger-Walliser²

2015

American Business Law J

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“…Some pioneers promote agile or lean contracting (Weatherley, 2005;Siedel & Haapio, 2010). At the same time, the recent "contractualization" of business has caused practitioners and researchers to look into companies' contracting capabilities as a strategic resource and a potential source of competitive advantage (Argyres & Mayer, 2004, 2007Haapio & Haavisto, 2005;Siedel & Haapio, 2010).…”

Section: The Challenges and Potential Solutionsmentioning

confidence: 99%

Facilitating collaboration through contract visualization and modularization

Passera

Haapio²

2011

Proceedings of the 29th Annual European Conference on Cognitive Ergonomics

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“…Representatives of the emerging proactive law have suggested that one solution for the challenges projects face could be to adopt a more proactive approach to contracts (Barton, 2008; Nystén-Haarala et al, 2010; Siedel and Haapio, 2010). Proactive contracting is a practice-oriented research stream on contracting, contracting processes and the organizational capabilities of contracting.…”

Section: Introductionmentioning

confidence: 99%

Proactive contracting

Nuottila

Kauppila

Nystén-Haarala

2016

Journal of Strategic Contracting and Negotiation

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Proactive contracting is a practice-oriented research stream, and scholars focused on proactive contracting have suggested fundamental changes for corporate contracting. Researchers have proposed that companies should improve their contracting capabilities and corporate lawyers should serve business objectives instead of preparing for possible litigation. The research reported in this paper focuses on two key areas of proactive contracting: the purpose of the project contracts; and the role of lawyers contributing to project contracts. The research goal was to find out whether business managers and corporate lawyers recognize a need for evolution in project contracting as suggested by the proactive contracting literature. The research data were collected using a survey of commercial contracting professionals, and the research results indicate that managers and lawyers share the same view – that contracts are made for business objectives and benefits. However, it was found that the perspectives of managers and lawyers differ with regard to the role of lawyers in preventing and resolving disputes.

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Using Proactive Law for Competitive Advantage

Abstract: The authors thank Robert C. Bird, Special Issue Advisor, for his valuable editorial contributions, Allyssa Martina for her insightful comments and Leila Hamhoum, Rachel Schy and Megan Steele for their research assistance.

Cited by 18 publications

References 16 publications

A Firm‐Driven Approach to Global Governance and Sustainability

A Firm‐Driven Approach to Global Governance and Sustainability

Facilitating collaboration through contract visualization and modularization

Proactive contracting

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