ABSTRACT
This Article, written for a symposium at Wharton celebrating Ron Gilson’s scholarship, assesses Gilson, Sabel and Scott’s ‘braided contracting’ thesis, presented in their 2010 article, ‘Braiding: The Interaction of Formal and Informal Contracting in Theory, Practice, and Doctrine’. Focusing particularly on the application of the braiding thesis to preliminary agreements, this Article presents new evidence of a preliminary negotiation process called ‘alpha contracting’, used from time to time by the Department of Defense in sole-source situations, that exhibits many of the key characteristics of braided contracting’s logic. The piece then turns to the limits of the braiding thesis, identifying a number of new questions for relational contracting research to explore.
Jennejohn, Matthew, Braided Agreements and New Frontiers for Relational Contract Theory (April 15, 2020) 45 Journal of Corporation Law 101 (2020).
First posted 2020-05-16 07:35:47
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