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The nature and potential of management contracts as a method of internationalisation are analysed with reference to Australia′s leading domestic airline, Ansett. The restrictive regulatory environment of the airline industry, especially in Australia, had prevented Ansett from conducting direct international airline services out of Australia. As a result, it was forced to develop international operations by other means. This coincided with a desire by a number of newly independent nations in the South Pacific to set up their own airlines. However, they lacked the necessary finance and expertise, and so looked to the established airlines for an acceptable package. For both sides the management contract with aircraft leasing provided an acceptable answer. Although the arrangements had mixed success for Ansett, they gave it basic experience in international operations which has led to diverse international arrangements – including equity sharing with some airlines, and even more widespread leasing deals. While making a limited contribution in themselves, the management contracts were important as a springboard to wider international involvement.

The international hotel industry's growth has been achieved via the simultaneous divestment of real estate portfolios and adoption of low risk or “asset light” market entry modes such as management contracting. The management implications of these market entry mode decisions have however been poorly explored in the literature and the purpose of this paper is to address these omissions.

Research was undertaken with senior human resource executives and their teams across eight international hotel companies (IHCs). Data were collected by means of semi‐structured interviews, observations and the collection of company documentation.

The findings demonstrate that management contracts as “asset light” options for international market entry not only provide valuable equity and strategic opportunities but also limit IHCs' chances of developing and sustaining human resource competitive advantage. Only where companies leverage their specific market entry expertise and develop mutually supportive relationships with their property‐owning partners can the challenges of managing human resources in these complex and diversely owned arrangements be surmounted.

A limitation of this paper is the focus on the human resource specialists' perspectives of the impact of internationalization through asset light market entry modes.

This paper presents important insights into the tensions, practices and implications of management contracts as market entry modes which create complex inter‐organisational relationships subsequently shaping international human resource management strategies, practices and competitive advantage.

Seeks to examine the extent to which management contracts used by international hotel firms in Thailand mirror those used in the USA.

The study builds on previous research carried out in the late 1990s that highlighted new developments in the content and operation of hotel management contracts in the USA. Using a series of semi‐structured interviews with Thai hotel owners/representatives and international hotel firm executives, the focus is on establishing current management contract practices in Thailand.

The use of management contracts in Thailand, in substantive terms, largely mirrors practices in the USA. There were some detectable differences that existed which appear to be due to the relative lack of experience of Thai owners in dealing with international hotel firms.

This study was essentially exploratory and was limited to a sample of management contracts representing around 20 per cent of all such contracts in Thailand. Future research should focus on examining the motivations of parties, methods of selecting and evaluating international hotel firms, and the specific issues parties confronted in implementing management contracts in Thailand.

Although at an early stage, this research suggests that Thai hotel owners need to gain greater knowledge of the practices of international hotel firms in other markets with a view to improving their bargaining power.

This study provides evidence of the influence of hotel management contract practices and trends in the USA on the relatively youthful hotel market of Thailand.

The aim of this article is to provide solutions to protect the weaker party in management and distribution contracts, especially in the field of franchising.

The paper is based on a review of literature, legislation and practices concerning management and franchise contracts. The regulation of this field at a national level consists of laws that are both private and mandatory in nature. Certain questions are raised concerning the obligatory nature of regulations when applied to the management of international franchise contracts.

This article studies the question of whether the imperative application of laws to international contract management is appropriate. These contracts are concluded through the form of adhesion contracts, which have been prewritten by the dominant party and by which the adherent, the distributor, the franchisee or the agent, are placed in a weaker legal position. Considering the absence of international tuitive rules, this article suggests a way to guarantee the protection of parties in a weaker position.

This research provides entrepreneurs, managers and other members of the business community with legal tools and mechanisms for the protection of the franchisee's position.

This approach may well be helpful in finding solutions to legal issues that are of great importance in the negotiation of service contracts, as a way to overcome the difficulty of finding solid arguments to extend the rules that protect consumers and workers in service agreements.

The governance structure of international franchise firms varies from higher control modes, such as wholly owned subsidiaries and joint venture franchising, to lower control modes, such as area development and master franchising. Based on organizational economics, strategic management, and international business perspectives, the purpose of this paper is to use the case study analysis to empirically evaluate an integrative model on the franchisor’s choice of international governance modes.

The study applies qualitative methods, such as in-depth case analysis, to investigate a large set of variables that influence the governance structure decision of the international franchise firm. Specifically, it applies a theory-testing case study with two major competitors in the European automotive rental industry, i.e. Europcar and Sixt. Theory-testing case research is justified by the lack of explanatory research due to the complexity of the franchisor-franchisee relationship phenomena, such as the factors that influence the franchisor’s choice of international governance modes. The investigation of the complex governance structure phenomenon requires a holistic analysis.

The case study shows that environmental, behavioral, transaction-specific, resource-based (system-specific, market-specific, financial resources), and international strategy considerations are important determinants of the governance mode decision of the international franchise firm.

The study responds to the recent call in organizational economics, marketing, strategic management, and international business literature to develop and test a multi-theoretical framework to explain the governance structure of inter-organizational networks, such as franchise networks.

Few previous studies in international franchising have used more than one theoretical perspective to explain the governance structure of the international franchise firm. This study contributes to the theory-testing case study literature by applying a rigorous method of conducting case research. This includes developing a theoretical framework and a systematic research design. A systematic research design requires a holistic analysis by investigating the international franchise governance modes from a variety of theoretical perspectives which are the organizational economics, strategic management, and the strategy-structure perspective.

To build a more comprehensive understanding of factors affecting the success of service contracting, the purpose of this paper is to investigate the influences of service complexity, contract structure and contracting process on the buyer-perceived supplier performance in business-to-business (B2B) services.

A research model is developed based on transaction cost economics and the research on service contracting. The model is tested by the survey data collected. Professional focus groups on LinkedIn are used to generate the list of potential respondents. The sample consists of 177 purchasing professionals from 25 countries.

The results indicate that three major contract dimensions and follow-up management practices positively influence buyer-perceived supplier performance. Furthermore, service complexity amplifies the effects of incentives designed in the contract and the buyer’s follow-up contract management on perceived supplier performance.

The sample consists of respondents from 25 countries and provides good geographic coverage. However, the results should be generalized with caution because not all countries were represented equally.

The study suggests a framework and guidelines for purchasing managers to improve the design and management of service contracts to secure good performance from their supplier.

This paper contributes to understanding the performance-enhancing aspects of designing and monitoring service contracts in B2B contexts. It also adds to the knowledge of the role of service complexity in successful B2B service purchasing.

The purpose of this paper is to examine combinations of contract clauses in order to ascertain which combinations correlate to high operational performance (OP).

Two hypotheses were formulated from contracting theory and tested on data collected from 45 projects. Fuzzy set qualitative comparative analysis was used and validated with multiple regression and simulation.

The hypotheses were tested to determine whether combinations of classical, relational, and/or associational contract clauses correlate to high OP. The results show that whereas high OP correlates to combinations of relational and associational contract clauses, classical and relational clauses should not be combined.

Directions are proposed to guide future research in order to produce a more nuanced testing of contractual complementarity.

The managerial implications of the findings include a more thorough understanding of the use of contract clauses and of which clauses managers should combine to achieve high OP.

This study contributes to the theory of contractual incompleteness and complementarity, specifically in the context of project contracting. The analysis produced two theoretical implications: first, that better performing contracts are created when combining relational and associational contract clauses; and second, that in projects, relational and classical contract clauses are not complementary with regards to realizing high OP.

Unfamiliar with the Chinese culture and ways of doing business, foreign architects/engineers/contractors (AEC) firms will encounter differences with the local parties. With reference to the characteristics of Chinese culture on disputes, this paper studies the problem areas of dispute and of resolving disputes in international construction projects in China. The objectives are to: examine the fundamentals of Chinese culture and ways of doing business; examine the characteristics of international projects and investigate any differences in the dispute problems arising from China International Projects; identify the most popular dispute resolution mechanism(s) for international projects in China; and recommend possible ways to reduce and resolve disputes of these projects.

After literature review, a questionnaire was designed for face‐to‐face interviews with 40 practitioners to collect their opinions.

The results show that the problem areas giving rise to disputes are mainly related to contractual matters. To reflect the characteristics of international projects in China, cultural and legal matters are also found to be the sources of problem. Arbitration is the most popular method, after negotiation, for resolving disputes in international construction projects in China.

The number of interviewees in this study could be improved and further study could include experts in Mainland China.

There is not much literature on dispute resolution management for international construction projects in China, with particular reference to cultural differences. This paper offers an invaluable reference for those foreign AEC firms interested in joining international projects in China.

The purpose of this paper is to explore and examine, in a systematic manner, possible preventive measures that commercial parties can take in order to prevent or reduce documentary letter of credit (L/C) fraud in international transactions.

In the context of international transactions, considering documentary L/C fraud as a risk, the paper searched preventive measures that different parties involved can adopt, from both business perspective and legal perspective.

The paper provides a number of specific measures which buyers, sellers, and banks in international L/C transactions can take in business to reduce L/C fraud. The option of banks providing additional services of checking further the validity or authenticity of some documents under the L/C, by charging additional prices, has reflected the needs of some business parties. However, this is proposed to be optional rather than compulsory for banks. The lawyers can also play an important role by adopting preventive legal mentality to help and provide advice to different parties in applying the preventive and proactive approach. More importantly, the author recommends that buyers or sellers maintain close cooperation with their banks and lawyers in implementing preventive and proactive measures.

The paper can be a helpful source of advice for business enterprises likely to be involved in international documentary L/C transactions.

This paper fulfils the gap of a holistic study on how to prevent international documentary letter of credit fraud.

General Management, International Strategic Management, International Marketing and Brand Management.

MBA (General Management), MBA (Marketing), Management and executive development programme.

The Indian Hotels Corporation limited known as the Taj Group was set up by JRD Tata in 1903. The company has undertaken a long journey since then. It is one of the most recognized hotel brands in luxury market segment of the hotel industry. Off late some micro- and macro-level changes in the business environment have not been in favor of the group. The strategy of international expansion in acquiring and refurbishing of assets has mounted the debt and the growing losses. What has compounded the growing troubles is the entry of aggressive multinational brands in the luxury segment of the hospitality industry. The group prioritizes to get its financials in order. It thereafter needs to rework on its competitive strategy and take advantage of the booming domestic hotel industry for profitable future growth.

Expected learning outcomes are as follows: to understand the impact of expansions on the top line and the bottom line on the hospitality industry; to understand the impact of expansion on brand image for the legacy brand; to understand and develop strategies for a company which make it profitable in the hotel industry; and to formulate entry and exit strategies for companies dealing in the hospitality industry.

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CSS: 11: Strategy.