Regardless of where your business sits on the maturity curve (from innovative start-ups looking to disrupt the market, through to recognised global conglomerates with an established industry presence), your commercial arrangements are fundamental to the success of your business.
When contracting these arrangements you will need to:
- rapidly assess the commercial and legal risks and issues involved;
- focus on those risks and issues which represent the true ‘value drivers’ in your deal; and
- clearly document the arrangement in a way which ensures your interests and commercial concerns are protected, while appropriately incentivising your counterparty to perform.
We have extensive experience in all forms of commercial contracts. We prioritise understanding how your commercial arrangement fits into your wider business strategy and the key risks and opportunities that this presents. Our attention to your specific needs means we provide you with focussed legal and strategic advice that goes to the value of your deal.
Our contractual solutions are tailored to the circumstances of your particular transaction and your organisation. We will embark on your new projects with no preconceptions as to the ‘right way’ to implement them but rather with a pragmatic, flexible approach which draws on our broad and varied contracting experience.
Our multi-specialist approach enables us to advise you across all practice areas in relation to commercial contracts, and much of the work we do in this area is multi-national in nature. As part of this, we can advise you on the potential impact of Brexit on your existing and proposed cross-border commercial arrangements involving EU territories, including strategies for mitigating risk and preserving contract value.
Our practice covers a wide range of commercial agreements including:
- manufacturing and supply
- agency and distribution
- research, development and collaboration
- joint ventures
Our key experience includes advising:
Arsenal on the strengthening of its commercial arrangement with Kroenke Sports Enterprises, the Arsenal shareholder and leading entertainment group based in the US.
Marks and Spencer in connection with the development and roll-out of its food franchising arrangements.
England and Wales Cricket Board on its major Sponsorship and Kit Supply Agreement with Adidas (UK).
Aviva on the outsourcing by its UK life business, Norwich Union Life.
Marks and Spencer on its contribution of £500 million of value to its UK defined benefit pension scheme.
Schroders on an outsourcing agreement of IT and related services with CSC.
Reuters Group on a global network services agreement with BT Group.
Centrica on entering into a tolling agreement for a power station in the Netherlands.
The Arsenal Football Club in connection with their global sponsorship, licensing, retail and merchandising arrangements with Nike.