PROGRAM DETAILS

Introduction

All business relationships are essentially contracts, and a comprehensive understanding of contract law in the international context, and its commercial application, are essential elements in the effective management of the business to business interface.

Good contract management is a core competency of successful organisations.  The effective expenditure of money and resources is dependent on successful contract management activities: selecting the appropriate models, understanding the legal principles of creating a contract, managing each party’s rights and obligations, and dealing with claims and disputes are all key areas within this discipline.

Learning Objectives

Participants attending the program will:

• Improve their understanding of contracting in an international context
• Learn about different contracting strategies and how they transfer risk
• Understand and manage the commercial impact of principal obligations
• Be able to manage claims and disputes
• Understand the types of remedies available and the processes to be followed

Target Audience 

Any personnel involved in the planning, evaluation, preparation and management of contracts for goods, services or works, of any scale or duration.  This may be in the areas of:

• Sales
• Design
• Procurement
• Engineering, construction
• Operations and maintenance
• Finance

Participants may be new to their role, preparing for a new or major project, or experienced managers looking for a refresher.

Training Methodology 

The program will include a variety of instructional methods, and involve a high level of interaction.  Our experienced international practitioner will explain principles and issues, using real examples, and will involve participants through discussion and debate, and individual and group exercises.

Program Content

Day 1 – Overview of International Contracting 

• Cultural, financial and legal aspects
• Sources and choice of law
• Judicial and arbitral systems
• Forum and jurisdiction
• Enforcement

Day 2 – Contracting Strategies 

• Types and use
• Risk management
• Formation and validity of contracts
• Contract structure
• Drafting Pitfalls

Day 3 – Principal Obligations and Their Management 

• Time – progress and completion
• Quality – standard, testing, acceptance
• Price and Payment
• Title and risk transfer
• Intellectual Property

Day 4 – Claims and Their Management 

• Changes and Variations
• Delay
• Force Majeure
• Valuation
• Processes and Procedures

Day 5 – Remedies and Dispute Resolution

•  Suspension and Termination
• Types of Loss and Damage
• Limits and Exclusions of Liability
• Alternative Dispute Resolution
• Arbitration and Litigation