ABSTRACT

All successful negotiations should end in concluding contracts. Although legal assistance is certainly necessary for the drafting of contracts, it should be pointed out that the hard commercial negotiations should be allowed to be done by the non-lawyer members of a team. The lawyer’s function is to study the terms the other members of the team would like to include and clarify the legal implications of those terms and conditions to the parties. Of course, each party will have a lawyer on its team and the final drafting of the contract becomes the joint work of the lawyers. In the case of institutional contracting, such as the loan agreements to which the International Bank for Reconstruction and Development is a party, or where standard forms developed by various institutions are followed, such as FIDIC, the work of the lawyers becomes minimal.