Getting a Good Deal: Negotiating Extractive Industry Contracts

Many resource-rich countries negotiate complex contracts to govern mining, oil, or gas projects. Despite the critical importance of these contracts in determining the risks and benefits of these projects, many developing country governments face disadvantages in the negotiation process. This can be because of asymmetric information or expertise, lack of preparedness, power imbalances, and other factors. This course examines the challenges governments face in negotiating strong contracts, and strategies that governments can use to address these challenges and increase the chances of negotiating a good deal.

This course was developed by the Natural Resource Governance Institute (NRGI), the Columbia Center on Sustainable Investment (CCSI), and the CONNEX Support Unit, with support from GIZ and the European Union. It is hosted by the SDG Academy.

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Target Audience

Mid- to senior-level government officials, including those with decision making authority, who work in ministries and departments involved in policy design, implementation, and compliance; officials from state-owned enterprises; members of parliament; parliamentary staffers; and researchers.
Civil society leaders with a track record of analysis, oversight, and policy advocacy around the governance of extractive industries.
Academics and doctoral students undertaking applied research or teaching on the governance of natural resources.
Professionals from development agencies, including consultancies, aid agencies, and international financial institutions.
Representatives from extractive industry associations such as chambers of energy and minerals or country-level industry think tanks.
Law students or those who wish to better their knowledge on how to examine, plan, and execute the negotiation process.

Learning Objectives

The role of contracts within a country’s policy and its legal frameworks.
How government preparation is critical to its success in contract negotiations.
Practical strategies that can support government negotiators.
How a contract’s success also depends on a government’s ability to monitor and enforce implementation and compliance.