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
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
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
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
Recognizing 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?Mediation
Overview of the course, and final question session
Dates | Venues | Price | Details |
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