Assemble a Multi-Disciplinary, Multi-Sectoral Negotiation Team

The decision of who will sit at the negotiation table and will represent the different parties is of vital importance to the outcome of the negotiations and the sustainability of the investment. However, there is no one one-size fits all formula as to who should represent the government at the negotiations table. The structure will depend on the governance structure of a country, the way past negotiations were structured and the political will for a particular structure.

It is in the host government’s interest to assemble a multi-disciplinary, multi-sectoral negotiation team that is composed in a professionally balanced manner of relevant experts (legal, commercial, fiscal, technical) as well as of some of the government/ ministerial representatives from the sectors implicated by the investment. These could include, for example, representatives from the ministries of finance, justice, labor and employment, public works, national planning, indigenous peoples, the environment and water, etc. That way, the negotiation is more likely to be equitably balanced and lead to a fair outcome, while at the same time ensuring that the investment is aligned with national and sector development goals.

Key Tools At This Stage

Mining Contracts: How to Read and Understand ThemOil Contracts: How to Read and Understand ThemResourceContracts.orgOpenLandContracts.orgModel Mining Development AgreementNPV Model To Analyze Concessionary Arrangements