- Neutrality: The trustee shall not be involved in the collaboration as a party and shall have no stakes in any of the participants’ organisations. The trustee is fully non-asset based.
- Independence: The trustee shall be a service provider for facilitating cooperation in a legally compliant manner and shall therefore be distinguished from the role of the purchase participants (both at the supply side and the demand side).
- Confidentiality: The providers (suppliers) and buyers (users) will provide their competition law sensitive information confidentially to the trustee only. In this way one will not need to share sensitive information to the other organisations directly.
The neutral trustee plays a role in/as:
- Playing the role of architect in developing fair collaborations.
- Guaranteeing impartiality.
- Guaranteeing balance in the collaboration – avoiding dominance among the collaborating actors.
- Guaranteeing anti-trust compliancy.
- Conception of the multilateral agreement or contract.
- Advising in defining fair rules for cost and risk sharing.
- Mediator or referee, single point of contact in case of conflicts.
- Trusted party.
- Facilitating entry and exit processes, in an impartial, independent and confident way.
- Facilitating/supporting extensions of the collaborating community.
- Providing an appropriate ‘governance’ for the collaboration.
The following process steps towards an effective collaboration are envisaged:
- Bringing together the interested parties (initiated matches on the platform);
- Scoping: defining the scope of the collaboration;
- Aligning: coming to an alignment on the collaboration case;
- Analysing: elaborating the business case;
- Synthesis: finetuning the business case including risk & gain sharing rules;
- Implementation preparation: planning the Go-Life; and
- Agreement: developing the multi-lateral contract.
The neutral trustee will also create and provide a compilation of legal documents templates that can help transport and mobility solution providers and buyers to overcome the technicalities connected to building partnerships and achieving a market uptake. The following documents will be generated:
- Templates for cooperation: Memorandum of understandings, Non-Disclosure Agreements, etc.
- Contract templates: Individual purchase contracts, collaborative services contracts, etc.