Template:M intro isda qualities of a good ISDA: Difference between revisions

These qualities interact and depend on each other: agreements which are fair will need to be clear, those that are clear will inspire confidence in your vown staff, which will tend them away from the [[Casanova principle]] towards fairness; an agreement that is clear and fair lends itself to consistency, since there will be less cause to negotiate and one that is fair, clear and consistent is easy to maintain and, heaven forfend, enforce.

{{Drop|F|airness as an}} abstract quality seems like one of those lip-servicey, all-very-well-in-theory ideas that got you good grades in your alternative dispute resolution tutorials but takes a haymaker to the jaw on first contact with the real commercial world.

In any case, the commercial imperative is such an overwhelming power that there is little point in starting with, or achieving, terms that go beyond fair. No-one will ever use them. Seeing as, all other things being equal a you will complete a fair contract faster than you will an unfair one — [[the ideal negotiation is no negotiation]] — you should start with a fair template.

Your form should inspire confidence in your negotiation team. They should feel comfortable with it, they should understand it, you should encourage them to go beyond its formal articulation and understand the underlying commercial drivers.