Photo Courtesy of: CCM Institute
LEHI, Utah, Oct. 29, 2026 (GLOBE NEWSWIRE) -- Sirion, the AI-native contract lifecycle management (CLM) platform, announced the release of Commerce & Contract Management Institute's Most Negotiated Terms 2026, a report examining which contract terms organizations negotiate most frequently, which terms practitioners consider most important, and how these relate to business outcomes.
The findings reveal just 16% of respondents believe they're focusing on the right terms, while 84% believe they're negotiating the wrong things. The report highlights an opportunity for organizations to reassess their approach and direct negotiation efforts toward the terms that matter most to commercial success.
While more than half of respondents (56%) report using artificial intelligence (AI), over three-quarters say AI has not helped them identify which terms they negotiate most frequently.
As AI adoption grows, organizations have an opportunity to go beyond automating existing workflows and use AI to gain greater insight into negotiation patterns, contractual positions, and the terms that influence business outcomes.
Ajay Agrawal, CEO of Sirion, 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organizations are using AI to negotiate the same terms they've prioritized for decades, they're simply accelerating an outdated process.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 influence business outcomes and focus negotiation efforts where they can make the greatest difference.”
AI, combined with structured contract data and market intelligence, can help organizations identify negotiation trends, benchmark contractual positions, and determine where greater attention is needed.
Key Findings from CCM Institute's Most Negotiated Terms 2026
- Negotiation priorities have remained consistent for more than 20 years. Limitation of liability, price or price changes, and indemnification rank as the three most negotiated terms on both the buy side and sell side.
- Contract performance depends on a broader set of terms. Price, scope, delivery, service levels, acceptance, payment, and contract changes are frequently associated with contract performance and disputes, highlighting the importance of looking beyond negotiation frequency when prioritizing contractual provisions.
- AI adoption is creating new opportunities to inform negotiation decisions. While 56% of respondents report using AI, more than three-quarters say it has not helped them identify which terms they negotiate most frequently. Current applications include contract review, drafting, redlining, risk identification, pre-negotiation planning, and negotiation support. Only 30% of respondents currently use AI to help create new contract language.
- Buyers and sellers bring different priorities to the negotiating table. Buyers place greater emphasis on scope changes, invoicing, acceptance, and liquidated damages. Sellers focus more on performance guarantees, adherence to policies, and confidentiality.
Limitation of liability, price or price changes, and indemnification remain the most negotiated terms on both the buy side and sell side, a pattern that has persisted for more than 20 years. Yet terms such as scope, delivery, service levels, acceptance, payment, and contract changes are also frequently associated with contract performance and disputes.
“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 report encourages organizations to examine their negotiation practices, understand how their contractual positions compare with market benchmarks, and consider how they can better align negotiation efforts with commercial and operational priorities. Distinguishing between active terms, which require ongoing management, and passive terms, which typically become relevant when something goes wrong, can also help organizations determine where to focus their attention.
To explore the full findings and learn how organizations can better align contract negotiations with commercial priorities, read the Sirion and CCMI’s Most Negotiated Terms 2026 report here: https://www.sirion.ai/library/reports/most-negotiated-contract-terms/.
MethodologyThe Sirion and CCMI report is based on a survey of more than 1,300 respondents examining how buyers and sellers prioritize contract terms and manage obligations. The respondent population was split between the buy side (51%) and sell side (49%). Commercial and contract management professionals represented 51% of respondents, while procurement and supply management professionals accounted for 21% and legal professionals for 16%.
Participants represented North America, Europe, Oceania, Asia, the Middle East, Central and South America, and Africa.
The report distinguishes between active terms, such as scope, delivery, service levels, and payment, which require ongoing management, and passive terms, such as liability and indemnification, which typically become relevant when something goes wrong.
It also identifies differences in negotiation priorities. Buyers place greater emphasis on scope changes, invoicing, acceptance, and liquidated damages, while sellers place greater emphasis on performance guarantees, adherence to policies, and confidentiality.
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 InstituteThe 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.
Media Contact:media@sirionlabs.com
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