|
|
|
|---|
Introduction
This course covers the three stages of contracting; negotiating the ‘deal’; documenting that deal in a robust, but practical way: and managing the performance of the contract itself. This course will help participants to have an awareness of practices in other areas and other industries, which can add significant value to their own situations. Moreover, the course will also give an opportunity to consider matters from the perspective of the other party to a contract.
This course will feature:
- Gaining a broad understanding of contracts and your ability to use them to protect your organisation
- Examining the latest techniques required in order for you to consider and negotiate contracts with confidence
- Considering principles widely used in international contracting, isk allocation and dispute management in contractual disputes
- Practical tips for business professionals to deal with the consequences of non-performance
- Analysing the mechanics of contracting in the English language
Objectives
- Understand the need to negotiate the “deal” before structuring the contract documentation.
- Utilise the tools & techniques to assist in such negotiations & enhance the efficient management of contract.
- Assess the drafting and modification of specific contract clauses, using real examples.
- Introduce some of the differences in approach in different jurisdictions.
- Examine ways to avoid disputes, or to manage them successfully.
Content
Day One
What is the “deal” Behind the Contract, and how do you get there?
- What constitutes a contract: form, ingredients and basic structure
- The context of commercial arrangements
- Innovative commercial solutions (e.g. Partnering, “BOOT” contracts etc)
- Relationship between negotiation and contract drafting
- Closing a deal - Authority to sign and agency principles
- Formalities to finalise the contract
Day Two
Negotiating and Drafting Contracts
- Negotiating Principles in Contracting
- Negotiating in difficult and complex situations
- Structuring complex documents – the hierarchy of terms
- Using and modifying standard forms
- Precedent in international contracting
- Dealing with contract qualifications and amendments
Day Three
Drafting Specific Clauses
- Operative provisions and performance obligations
- Title, Risk and Payment provision
- Contract variations: transfer of rights, amendment and the scope of work
- Termination, suspension and remedies for default
- Limitation and exclusion of liability, force majeure and waiver
- Law of the contract and dispute resolution
Day Four
Effective Contracts Management
- Risk assessment and management
- Assignment of responsibilities and kick-off meetings: setting and managing expectations
- Dealing with defaults, delay and disruption
- Managing claims
- Payment issues – including international trade
- Lessons learned
Day Five
Dealing with Disputes
- Recognising potential problems and dealing with issues as they arise
- Legal rights and commercial outcomes distinguished
- Negotiation structures for internal dispute resolution
- External dispute resolution – Litigation and Arbitration
- Modern alternatives in dispute resolution - Adjudication, Expert Determination, and Mediation
- Overview of seminar, and final question session
Get more details about this training !
Register Request
Choose the course date which you would like to attend your course on ...
How Can I Register for a Training Course?
There are three easy ways to make a registeration:
- Register Online: Choose the course you would like to register for, Click the “REGISTER” link in the course outlines and then complete the form.
- E-mail: Send the course details (Course Title , Course Date and Course Venue) and your company details (Company Name , Company Phone , Company Address and Company email) to Training@Oxygentraining.org
- Telephone: Please call +44 20 8720 7333.
When should I expect to receive the confirmation file?
When we receive your registration request, we will send you the following by e-mail:
- Confirmation File
- Invoice File
How and When do I arrange payment?
Payment must be received before the training starts. You can make payment by wire transfer or cash.
Note: If the payment is not received before the training , Oxygen has the right to cancel your registration at any time.
What is included in the fees?
The fees for all training courses cover all materials, lunch , refreshments and airport transportation.
How can I cancel my registation?
Request for training course cancellation must be made received by Oxygen three weeks prior to the training course start date. A USD 300.00 processing fee will be charge per delegate for each cancellation. Thereafter, we regret that we are unable to refund any fees due.