Why Choose this Training Course?

This intensive five-day course is designed to assist contracts professionals cope with the increasing complexity of commercial and business relationships as trade becomes ever more international. All business professionals need to understand what a contract does (and does not) require them and the other party to the contract to do, and the consequences for both parties of any failure.

This course will feature:

• The differences in approach between different legal and contracting systems
• Risk allocation in contract management and dispute resolution in contractual disputes
• Contracting in an international context
• Protecting your company’s interests
• An understanding of contracting in the English language

What are the Goals?

By the end of this course, participants will be able to:

• Improve their understanding of the role of contracts within a business
• Develop more confidence in dealing with contracting issues
• Understand how strategies can be developed to improve the commercial outcomes
• Apply the latest international thinking in dispute resolution
• Increase awareness of the use of contracts in everyday business life

Who is this Training Course for?

This course will benefit all levels of personnel engaged in contract management, negotiation, procurement, operations, and disputes. This course is suitable to a wide range of contracts professionals but will greatly benefit:

• Contract Administrators, Contract Professionals and Project Coordinators
• Specifiers, Buyers, Purchasing Professionals and Procurement Officers
• Contracts managers  
• Project managers
• Engineers or contracts operatives

How will this Training Course be Presented?

This course will utilise a variety of proven adult learning techniques to ensure maximum understanding, comprehension and retention of the information presented. This includes high levels of participant discussion, group interaction, delegate group exercises and case studies. Materials include existing contemporary English language contracts in many jurisdictions. Delegates will be encouraged to raise their own issues and problems faced within their industry or organisations for discussion on a confidential basis.

The Course Content

Day One: What are Contracts and how are they Created?

• The need for contractual relationships
• What is needed to create a valid contract?  Ingredients and formalities
• Authority and agency
• The tender process
• Alternative sourcing
• Making contracts enforceable – with particular emphasis on the international context

Day Two: The Structure of Contracts

• Form of Agreement
• Hierarchy of Terms and Conditions
• Different contractual structures
• Traditional and new
• Risk and Title (ownership) in international trade. When does it transfer?
• Notices and other formalities
• Which law and which courts?

Day Three: Collateral Documents

• Securitising performance obligations
• Bonds and guarantees
• Parent company guarantees
• Letters of intent,  comfort or awareness
• Insurance policies
• Assessing the need for financial security

Day Four: Change and Variation

• Changes to Contract documents
• Assignment/Novation explained and distinguished
• Variation clauses  and changes to the scope of work
• Claims – what they are, and how they arise
• Delay and disruption
• Force majeure

Day Five: Resolving Disputes

• Conflict avoidance and tiered dispute resolution clauses
• Negotiation
• Litigation
• Arbitration
• Mediation, ENE and new best practices in dispute resolution and management
• Final questions and review of course