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THE ROLE OF THE CONTRACT MANAGER IN LATIN AMERICA IACCM FORUM October 7, 2015 Pablo Cilotta Director South & Central America IACCM International Association for Contract & Commercial Management [email protected] - www.iaccm.com
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Page 1: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

THE ROLE OF THE CONTRACT

MANAGER IN LATIN AMERICA

IACCM FORUM

October 7, 2015

Pablo Cilotta

Director South & Central America IACCMInternational Association for Contract & Commercial Management

[email protected] - www.iaccm.com

Page 2: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

The year of

Commercial Excellence

2015

Page 3: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

¿Contract Management?

• Contract Manager

• Contract Administrator

• Contract Analyst

• Contract Engineer

• Head of Contract Management

• Gestor de Contratos

• Administrador o

Analista de contratos

• Ingeniero de

contratos

• Gerente

Contractual

Page 4: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

DISCUSSION TOPICS

• What is the status of Contract Management in Latin America?

• Is Contract Management an established discipline in the region?

• Do we have a CM strategic role in Spanish speaking countries?

• Is Latin America far from the US and Europe in terms of CM?

• How can corporate headquarters improve efficiency in their Latin

American subsidiaries to reduce contract failure?

• How can GCs and Heads of CM based in the US or Europe make

appropriate use of their CM organizations in Latin America?

• How could IACCM help them introducing value to their contracting

teams and then reduce failure of contracting processes?

Page 5: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

Start-up phase of the CM role

2010: Tim Cummins at the first IACCM event in LatAm:

“Contract Management isn’t an established discipline

in the region”

CM is often seen as an administrative function

Performed by low level administrators

With very little focus on the proactive, value-add

approach that the position really requires.

Copyright © 2015 IACCM. All rights reserved

Page 6: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

Lately we have seen

Contract Management…

beginning to emerge as a recognized profession in LatAm

The role is on the way to becoming essential,

recognized as a strategic element of business in the near

future.

However… The change is slight and the profession still in the early

stages of development.

The professionalism of our discipline is undoubtedly in the

start-up phase.

Copyright © 2015 IACCM. All rights reserved

Page 7: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

With the exception of:

some US and European top multinationals that invested in

the region,

and also the so called “multilatinas” (local multinational

companies born in Latin America and with market focus on

emerging economies)…

Contract Management roles are not common, and the

interest in this area of competence in Latin American

countries is not at the same level as in more established

markets like the US and Europe.

Copyright © 2015 IACCM. All rights reserved

Page 8: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

Growing Interest

Region % reporting growth of interest by top management

Africa 46

Australia 56

Asia 52

Europe 60

Middle East 74

India 58

North America 63

South & Central America 55

Copyright © 2014 IACCM. All rights reserved.

Page 9: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

… and companies invest in this capability

Region % reporting growth of capability in last 2 – 3 years

Africa 61

Australia 67

Asia 52

Europe 65

Middle East 71

India 58

North America 64

South & Central America 82

Copyright © 2014 IACCM. All rights

reserved.

Page 10: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

Cities with more interest in organizing IACCM events, member meetings and trainings

23.95

19.97

17.97

9.65

9.32

7

3.573.57

4.65

0.35Buenos Aires

Sao Paulo & Rio

Madrid

Mexico DF

Barcelona

Bogotá

Santiago de Chile

Lima

Caracas

Otras

Copyright © 2015 IACCM. All rights reserved

Page 11: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

TOP TEN NEGOTIATED TERMS

IN LATIN AMERICA

(c) 2015 IACCM All Rights Reserved.

Page 12: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

REST OF THE WORLD

(c) 2015 IACCM All Rights Reserved.

LATIN AMERICA

Does your company have a CM role

performed by Contractual practitioners?

40%

66%

60%

34%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

NO

YES

Page 13: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

Is LatAm far from US & Europe?

Page 14: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

How far? How many years?

Page 15: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

Why?

No material about Contract Management in Spanish

Different realities

Our culture doesn´t enable the introduction of these changes on time

No contract management culture locally. Lawyers culture instead

Companies simply do not understand what contract management is

Copyright © 2015IACCM All rights reserved.

Page 16: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

SPAIN

(c) 2015 IACCM All Rights Reserved.

“We have some points in common in general,

so differences are in terms of how reality and

local idiosincracy impact on contracts and

negotiation”

“In Spain, CM only exists in multinational

corporations. No idea in local Spanish

environments”

“Once the contract has been signed, we

archive it in our desk drawer and

we go back to it in case of problems”.

Page 17: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

MEXICO

(c) 2015 IACCM All Rights Reserved.

“We live a completely different reality, so

we´ll need to adapt Contract Management

material to our needs, to be practical”

“We are +10 years far from the US”

“In many Mexican companies, CM function

has been limited to top contracts with

relevance due to their figures”

Page 18: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

VENEZUELA

(c) 2015 IACCM All Rights Reserved.

“Contract Management is focused on the

administration tasks of the agreements”

“Commercial Excellence is much more

related to the Sales teams rather to the

Contracting organizations”

GUATEMALA

In LatAm we are familiar with avoiding

contracts to prevent failures. We don´t see

the contract as a tool to manage projects”.

Page 19: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

(c) 2015 IACCM All Rights Reserved.

COLOMBIA

“Latin America will have to chose between

the American standard, the British model

or why not, the IACCM global one

adjusted to the local environment”

ECUADOR

“It is a practice followed by multinational

companies, to apply here the best practices

identified in their headquarters”

Page 20: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

BRASIL

(c) 2015 IACCM All Rights Reserved.

“Spain should show us the way to follow in

LatAm. We see many Spanish companies

investing in Brazil

and they should contribute to CM”

ARGENTINA

“No CM culture locally. Lawyers culture instead.

Companies in Argentina simply do not understand

what CM is. They believe they just need

an attorney, instead of someone

specialized in all related issues

(legal, finance, etc.)”

Page 21: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

What can we do?

Change the approach and strategy when managing

contracts and negotiating

Make sure Top Management in LatAm understands the

benefits of the CM

Share information regarding contract management to upper

management

Publicize IACCM in the region

Provide training in contract management

Case studies and best practices from other countries, KPIs

to be applied

Improve the number of events in the region

On line learning programs in SpanishCopyright © 2015IACCM All rights reserved.

Page 22: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

The road ahead

Contract Management in Latin America will soon be

deemed as a “fast growing” and complex

discipline.

The role will become more robust and common in

organizations throughout the region.

One of the main drivers for this growth is

internationalism and global operations.

IACCM will be part of the continued growth and

success of CM in Latin America, due to our deep

commitment to contracting best practices and

commercial excellence. Copyright © 2015IACCM All rights reserved.

Page 23: Slides rountable IACCM Americas Forum 2015 - The role of the Contract Manager in Latin America by Pablo Cilotta

THANKS !IACCM - Leaders in Value-Driven Trading Relationships

• Forums and networking

• Training and certification

• Research and advisory

• Skills and knowledge

• Online Learning

Contact in Latin America & Spain

Pablo Cilotta

[email protected]

+54911 67 51 67 67

http://www.linkedin.com/in/pcilotta

Join our IACCM en español subgroup!

© IACCM 2015

33,000+ Members

13,700+ Corporations

159 Countries


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