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This study aims to investigate the effect of power and dependence as separate constructs on opportunism. Power-dependence studies have been previously used to explain opportunistic behavior in strategic outsourcing relationships. However, there have been no clear distinctions about the separate effects of each regardless of the different theoretical dispositions each construct uses with respect to the dynamics of strategic outsourcing.

This study used multiple theoretical perspectives to analyze the courses of six dyadic strategic outsourcing relationships from the pharmaceutical industry in Egypt. The study employed an exploratory research approach to retrospectively examine the development of dependency and power-balance variables throughout the pre- and post-contractual phases.

The paper concludes with a time-phased theoretical framework and a set of propositions that further segment the post-contractual relationship phase. The segmentation allows for better studying the outsourcing phenomenon and differentiates between having power, recognizing power and exercising power.

The paper theorizes that buffering against opportunism requires a certain state of power-balance awareness, as power was found to be dynamic, relative and arguably “perceptual”. This awareness would not be needed if the outsourcing relationship was static, but given the time argument in this study, awareness of the power-balance shifts becomes necessary in managing strategic outsourcing relations.

The comprehensive framework represents a guiding tool for managers who are planning to, or are currently involved in, strategic outsourcing relationships.

This study applied a time dimension to studying opportunism in strategic outsourcing relationships, and used this perspective to examine the length of the period of mutual dependency and power-balance between buyers and suppliers. The notions of power-balance awareness and latent sources of power are introduced.

Interfirm contracts are a ubiquitous economic institution in market economies. In this study, we examine the determinants of one important aspect of interfirm contracts – contract duration. We begin with Joskow's (1987) study that demonstrated that contract duration is governed by mechanisms that economize transaction costs. Our study extends Joskow's study in several ways: First, while Joskow's study focuses on one particular area of extreme resource dependence, between the coal mine and the power company, we examine patterns of contract duration and their determinants across broader economic sectors, thereby providing a more general test of the key ideas in transaction cost economics. Second, we investigate the role of social institutions as a distinct mechanism underlying the design of contract duration, especially in terms of mitigating risks and transaction costs. Finally, by situating our study in China, we extend the research context beyond industrialized market societies to a transitional economy where interfirm contracts are an emerging economic institution. The empirical study is based on the analyses of information on 877 contracts from 620 firms collected in two Chinese cities, Beijing and Guangzhou, in 2000.

State‐owned enterprises (SOEs), in general, have not been successful. Their indifferent performance has been at the center of the debate about the role of the state in the economy. To economists, the performance of SOEs is evidence of what is wrong with state intervention. And in recent years privatization has increasingly been regarded as the only way of improving the performance of SOEs. Yet, while unsuccessful SOEs abound, a few high‐performing SOEs such as POSCO (South Korea), Airbus Industrie (France), EMBRAER (Brazil), and MUL (India) can also be found.

Compares and contrasts the contractual role of bills of lading in the context of Greek, US and English law. Discusses the legal status and contractual roles of these lading bills in the context of the legislative provisions and associated case law in each of the three countries. Concludes that the role of these bills is unsettled and there is no uniform perception. Recommends measures involving amendments to English legislation, to consolidate the regulation of international trade.

The legal devices crafted within large organizations are a key component of legal endogeneity theory (LET). While symbolically complying with legislation, legal devices allow organizations to infuse managerial logics into the legal field, which eventually diverts law from its initial political goals. Although the LET has considered legal devices such as anti-discrimination guidelines and grievance procedures, this chapter argues that contracts also constitute a locus of symbolic compliance and contribute to the eventual endogenization of regulation. Supplementing LET with a focus on legal intermediation, this chapter explores how contracts are crafted and used by large organizations to respond to regulatory pressure. While other legal instruments are unambiguously managerialized from the outset, contracts are highly versatile legal objects that perform the seemingly opposite functions of symbolically complying with regulation and serving substantive commercial purposes. This discussion of the role of contracts as compliance mechanisms is based on an in-depth empirical study of the French retail industry and its response to a set of regulations that aimed at making their business practices fairer.

In carriage of goods by sea the contract of carriage is embodied either in charter parties or in bills of lading. A charter party is a contract between the charterer and the ship owner. The co‐existence of two (charter party and bill of lading) contractual documents has given rise to many problems concerning matters such as who is the carrier, the shipper or which is the contract of carriage itself.

To increase university–industry collaboration and research commercialisation, the Australian government recently introduced the Intellectual Property (IP) Framework, a set of online standard contracts. This follows a predecessor standard contract initiative, the IP Toolkit, which has not previously been evaluated. This paper aims to examine standard contracting in the innovation sector, tracing the policymaking behind the IP Toolkit using the lens of Macneil’s relational contract theory, to assess prospects of success for the new IP Framework, and similar initiatives in other jurisdictions.

This is a disciplined-configurative case study, drawing on qualitative secondary data analysis and applying Macneil’s relational contracting theory to guide case construction and generate hypotheses around likely success of standard contracting initiatives (stakeholder sentiment, stakeholder adoption). Within-case analysis process-traces development of the IP Toolkit, to discover what the policymakers wanted, knew and computed – and to detail observable implications Macneil’s theory predicts. Its themes are triangulated with multiple sources.

The case study, via Macneil’s theory, confirms the first hypothesis (resistant stakeholder sentiment) and partly validates the second hypothesis (low levels of adoption), demonstrating limited suitability of standard contracting in the dynamic and highly uncertain space of university–industry collaboration.

The study provides insights into the limited role that standard contracts can play in improving national collaborative research and development performance.

This is a novel theory-driven case study triangulated with previously unpublished data on the IP Toolkit’s website usage, and data from recent consultations on the new IP Framework. It has broader implications for other jurisdictions considering adoption of the standard contract model.

The purpose of this paper is to understand how buyers and suppliers in supply chains learn to align their performance objectives and incentives through contracting.

Two longitudinal case studies of the process of supply chain alignment were conducted based on 26 semi-structured interviews and 25 key documents including drafts of contracts and service level agreements.

The dynamic interplay of contracting and learning contributes to supply chain alignment. Exchange-, partner- and contract framing-specific learning that accumulates during the contracting process is used to (re)design pay-for-performance provisions. Such learning also results in improved buyer-supplier relationships that enable alignment, complementing the effect of contractual incentives.

The study demonstrates that the interplay of contracting and learning is an important means of achieving supply chain alignment. Supply chain alignment is seen as a process, rather than as a state. It does not happen automatically or instantaneously, nor is it unidirectional. Rather, it is a discontinuous process triggered by episodic events that requires interactive work and learning.

Development of performance contracting capabilities entails learning how to refine performance incentives and their framing to trigger positive responses from supply chain counterparts.

The paper addresses supply chain alignment as a process. Accordingly, it stresses some important features of supply chain alignment.

The relational nature of franchising flowing from the contract between franchisor and franchisee which enshrines a close, continuing relationship raises the issue of good faith. While there are academic papers analyzing good faith, these do not capture the practical understanding and expression of the concept and the manner and application in which it operates in the real world of franchising. The purpose of this paper is to assess how good faith is defined and understood by franchise practitioners – franchisees, franchisors and their legal advisors.

The authors have adopted a qualitative approach by conducting and analyzing a series of 18 in-depth interviews with franchisees, franchisors and lawyers specializing in franchising.

The findings show that good faith is particularly important in franchising because of the disparity in the knowledge and power of the parties. They suggest that good faith is not only a legal notion but also a notion that is linked to the personal relationship between the franchisor and its franchisees. It then plays an important role in terms of management of this relationship and of the system as a whole. Moreover, they demonstrate that there is not one single shared understanding of good faith amongst franchising practitioners. Indeed, franchisees, franchisors and specialist franchise lawyers suggested that good faith can refer to transparency, trust, loyalty, fairness and equity amongst the franchisees, fair play, frankness, respect, ethics, kindness, “best efforts” and personalities.

The originality of the research lies in the fact that good faith is examined through the voice of franchising practitioners who explain how they define and understand good faith rather than through a detached academic lens.

The purpose of this paper is to highlight the complexity of manpower management in temporary work agencies (TWA). The aim is to investigate to which extent the managers reflects the features of boundary spanners.

The results come from a case study where manpower managers at one of the biggest TWAs in Sweden are interviewed.

TWAs' boundary‐spanning managers mediate between the opinions of the clients, the TWAs, and the individual temps as well as balancing between trust and risk. The findings reveal the relevance of the managers' application of a flexible and a dialectical approach when delivering service to clients, the TWA and the temps. This flexible approach means being able to simultaneously embrace these three perspectives of interests. A dialectical approach involves being able to: systematically balance between the opposing pair of trust and risk and search for the most functional option and not relate others' opinions to one's own personal values.

The interview data come from a case study at only one TWA and it is collected in a limited number of interview subjects.

The results can provide useful information for recruiters of manpower managers in a TWA when choosing staff members that can enhance strategic management of temps. The results can also be of assistance for managers when interacting with both customers and temps.

The paper contributes to the literature by an analysis of the complex working conditions under which manpower managers in TWAs work.