-- Today, the Commerce & Contract Management Institute Commerce & Contract Management Institute (CCM Institute), in partnership with Sirion, the AI-native contract lifecycle management platform, has released its Most Negotiated Terms 2026 report, finding that just 16% of negotiators believe they are focusing on the right contract terms.
The research reveals a persistent disconnect between the contractual provisions receiving the most negotiation effort and those most important to contract performance.
Photo Courtesy of CCM Institute
According to the report, negotiators continue to spend the most time on a small group of risk-transfer provisions. Limitation of liability, price or price changes, and indemnification rank as the three most negotiated terms on both the buy side and sell side. The same three terms have remained at or near the top of the rankings for more than 20 years.
By comparison, the terms most frequently associated with contract performance and disputes include price, scope, delivery, service levels, acceptance, payment and contract changes.
“The terms that consume the most negotiating effort are not the terms practitioners say matter most,” said Tim Cummins, Executive Director of CCM Institute.
The 2026 report also examines the role of artificial intelligence in contract negotiations. While the report states that 56% of negotiators now use AI, the ranking of the most negotiated contract terms has remained unchanged. More than three-quarters of respondents said AI had not identified which terms they negotiate most frequently.
Current AI use is concentrated in activities including contract review, drafting, redlining, risk identification, pre-negotiation planning and negotiation support, with only 30% of respondents currently use AI to help create new contract language.
Ajay Agrawal, CEO of Sirion, which supported the report, said: “AI can do things wrong faster than you. If organizations are using AI to negotiate the same terms they've prioritized for decades, they're simply accelerating an outdated process. The real opportunity is to identify which contract terms actually influence business outcomes, so that organizations can make more informed decisions and ensure their agreements deliver value long after they're signed.”
Organizations facing pressure to close deals have three choices: reduce scrutiny and accept the risks, use AI to accelerate existing processes, or use intelligence to fundamentally improve how negotiations work. While AI can make current workflows faster, it can also reinforce outdated practices without questioning whether they create value. The report advocates a smarter approach: use structured contract data and market intelligence to understand common negotiation patterns, benchmark terms against similar suppliers, and start with market-competitive positions rather than defensive extremes. This reduces back-and-forth, freeing teams to focus on negotiations that genuinely matter. The goal is not just to negotiate faster, but to negotiate smarter, with AI enabling both greater efficiency and better outcomes.
The report recommends that organizations assess their own most-negotiated terms, compare their contractual positions with market benchmarks, reconsider how negotiations are planned, and develop systems that distinguish contracts according to their actual risk and commercial requirements.
To explore the full findings and learn how organizations can better align contract negotiations with commercial priorities, read the Most Negotiated Terms 2026 report here: https://info.worldcc.com/mnt-2026
Methodology
The report distinguishes between what it describes as “active” and “passive” contract terms. Active terms, including scope, delivery, service levels, acceptance and payment, require ongoing processes during the life of a contract. Passive terms, including liability and indemnity provisions, generally become relevant when a failure or dispute has already occurred.
The survey also identifies differences between buyers and sellers. Buyers place greater importance on areas including scope changes, invoicing, acceptance and liquidated damages. Sellers place relatively greater emphasis on performance guarantees, adherence to policies and confidentiality.
The findings are based on respondents from both sides of commercial transactions, with the survey population split 51% buy side and 49% sell side. Commercial and contract management professionals represented 51% of respondents, while procurement and supply management professionals accounted for 21% and legal professionals 16%. Participants represented North America, Europe, Oceania, Asia, the Middle East, Central and South America, and Africa.
About Sirion
Sirion is the world’s leading AI-native CLM platform, pioneering the application of agentic AI to help enterprises transform the way they store, create, and manage contracts. The platform’s extraction, conversational experience, and AI-enhanced negotiation capabilities have revolutionized contracting across enterprise teams – from legal and procurement to sales and finance. The world’s most valuable brands trust Sirion to manage 7M+ contracts worth nearly $800B and relationships with 1M+ suppliers and customers in 100+ languages. Leading analysts such as Gartner, IDC, and Spend Matters have consistently recognized Sirion as a leader in CLM for its focus on category-leading innovation. For more information, visit www.sirion.ai.
About Commerce & Contract Management Institute
The Commerce & Contract Management Institute is a not-for-profit organization focused on improving standards in buying and selling through research and practical insights. Its work is intended to inform policy and commercial practice in the public and private sectors.
CCM Institute was founded and is supported by World Commerce & Contracting and the National Contract Management Association. Its research covers contracting, negotiation, commercial management and trading relationships.
Contact Info:
Name: Kate Hodgins
Email: Send Email
Organization: CCM Institute / WorldCC
Website: https://ccm.institute/
Release ID: 89208250
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