Control & Administration Contracts

Place- الموعد Date - المكان
2017-02-05 00:00:00 Turkey
2017-07-02 00:00:00 Dubai
2017-10-01 00:00:00 Malaysia

 Course Objectives

§ Provide an understanding of contract structures, and how and why contracts are drafted in particular ways

§  Enhance understanding of the legal principles behind contracts

§ Provide an understanding of some of the main clauses in different types of agreements

§ Explain the commercial impact of particular provisions.

§  Discuss the differences between similar clauses in different international standards

§ Show how to develop your own "standard" clauses

§  Develop an understanding of when to accept proposed amendments, and when to reject them, including how to give clear reasons for such rejection

§ Give practice in amending documents to meet particular requirements, including the use of Special Conditions

§  Provide strategies and tactics for negotiating on possible contract amendments

§ Explain how to use contract provisions to reduce the risk of disputes.

§ Where disputes do arise, show how the contract can be used to minimize these disputes, and some of the methods by which disputes are resolved in international contracting (including non-traditional approaches, such as mediation)

Course Contents. 

§ How and why Contracts are drafted

§ Why we use contracts

§ Formation of a Contract

§ The key elements of a contract

§ Oral or written?

§ Terms and Conditions of contract

§ Agency issues

§ The basic structure of a contract

§ Incorporating documents by reference

§ Standard Forms

§ Form of Agreement

§  Principles of contract negotiation

§ Main Contract Clauses

§  Obligation to deliver/perform

§ Rework/re-performance
§  Risk
§   Title

§ Compliance with law/change of law

§ Indemnities
§  Insurance

§  Third parties

§   Liability in negligence – relationship with contract conditions

§ Main Contract Clauses – continued

§  Variations and changes

§  Product liability and defective goods - rejection

§ Precedence of documents – Special Conditions

§ Intellectual property

§  Taxation

§ Suspension and termination

§ Acceptance and Certificates

§ Payment

§ Liquidated damages/penalties

§ Limits of liability

§  Guarantee/Warranty/Maintenance

§ Conflict of Laws and Choice of Law Clauses 

§ Other documents and Negotiations

§   Letters of Intent or Award

§  Bank and Insurance Bonds

§ Letters of Comfort or Awareness

§  Collateral warranties

§ Alliance/Partnering Agreements

§ "Side Letters"

§ Finance arrangements 

§ Negotiating contract qualifications and amendments

§ Negotiation and Resolution of Disputes

§ Contract negotiation - continued

§ Dispute Resolution clauses

§ Unequal bargaining positions

§ Negotiation, compromise and settlement

§ Litigation
§ Arbitration

§ Enforcement of awards

§ Alternative Dispute Resolution – Mediation

§ Practical application of mediation techniques

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