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Joint ventures (JVs) are a popular business format with multi-nationals looking to enter new geographies, and for good reason. A good JV, according to conventional wisdom, will bring together the strengths of two partners and eliminate their weaknesses. While this is true in the best cases, most businesses see that the road to a successful partnership is fraught with pitfalls once the journey has begun. Adding a cross-border element to a partnership often only compounds the difficulties being faced by both partners.
AMA has a long history of helping overseas clients find suitable JV partners in India. Our knowledge of JVs is born of this experience – from both the JVs that worked out and those that didn’t. It often becomes important for local and overseas clients to get a neutral opinion on the proposed partner, as they sift through negotiable and non-negotiable differences.
The plan for cross-border joint ventures often involves two partners, one bringing in the technology and know-how and the other bringing in customer relationships or manufacturing capabilities. This usually brings up several questions:
While these are good questions to ask at the beginning, and good to codify into a shareholders
agreement, the actual operations of the JV within the first few years throw up new and more
subjective questions, which are tougher to solve:
There can be immense scope for discussions to turn acrimonious, especially in cases where the JV has not performed to plan. In a sense then, the personalities of the JV partners become the most important factor in play – do they approach failure as a team or does failure simply open the floor for blame games? Can they support the JV financially and in other ways for longer than they expected or will they want to exit when targets are not reached? Can a settlement be reached amicably or could it end up in expensive and time-consuming litigation?
As we have seen in our experience of dealing with and mediating for cross-border JVs, it is difficult to answer these questions going in. The solution is often a combination of an equal partnership, a clear shareholders agreement and reliable mediators. With all these solved, the last – and possibly most important – is the personality factor.