In every organization, the commercial and business structure is based on contracts. These may vary from simple purchase orders, or even handshakes, through to highly-complex financing agreements. The development, negotiation, and management of these contracts are often in the hands of skilled professionals, but the general managers handling the delivery of the product, service, or project may not be fully familiar with the complexities of the documents concerned. This course is intended to allow professional managers with a background other than law or contracts to better understand the processes and issues involved, and therefore improve their overall management skills.
Arbitration is very different from mediation where the mediator helps parties reach their own resolution. Still, arbitration is less formal than a trial, and the rules of evidence are often relaxed. Arbitration is usually quicker and less expensive than a trial.
In international transactions, the parties may have different values and customs; they have to adhere to different sets of governmental regulations and are subject to separate and distinct laws under disparate legal systems. So, to take a very basic example, the Terms and Conditions which are applied locally may not be enforceable internationally. Thus a new approach and an “international outlook” are required to be incorporated into the company ethos to take account of these important factors. In addition to tendering and contractual issues that can arise in domestic transactions, the parties must also learn to deal with all manner of subjects in the international context, such as logistics, export and import regulations, differing technical standards, foreign tax issues, payment, and foreign currency exchange. This fast-paced course is an introduction to the area of Global Sourcing and International Contracting, designed to alert you to the many issues which are involved when one has to work in the international arena.
The real value of an organization's worth lies in the competitive advantage it has. Patents, Copyrights, trademarks, trade secrets and technical know-how constitute an important source of competitive advantage. These need to be secured, protected and safeguarded. WTO and TRIPS agreement imposes important responsibilities, liabilities, and opportunities in the way we Purchase, Procure, Develop, Research, License, and Implement Improvements. This program covers all these issues and directs your attention to the Systems you need to establish to protect your interests. Tough Worldwide Patent Recognition and Enforcement is around the corner. Organizations and individuals are rushing to protect themselves from Patent Infringement Claims and to get their innovations patented in the hope of future earnings and protection of their interests. Your organization's Liabilities about patents is set to increase dramatically in the coming years. Potential Claims may run into millions of dollars unless a strategy is worked out today to minimize exposure to Intellectual Property Claims. You will get a thorough understanding of IP Laws, IP Regulations, IP Procedures, WTO, TRIPS, Contract Provisions, Contract Administration, Protection against Claims, and Negotiating Claim Settlements. You will get a step by step due to diligent methodology to Prepare your Intellectual Property Filing and understanding on how it will be examined and challenged.
This course is designed to provide practical guidance to those involved in the management or administration of projects where use of FIDIC forms of contracts is required. The course covers management disciplines and procedures in the “Pre-Contract” phase of the project including the FIDIC Client Consultant Service Agreement and selection of the appropriate FIDIC form of contract. It also covers the “Post Contract” award phase, including all contract management disciplines and claim management issues. This practical course explains and illustrates the use of the FIDIC conditions of contract for construction (the “Construction Contract”) and the FIDIC conditions of contract for plant and design-build (the “Design-Build Contract”). The course covers the 1999 Contracts books with highlights regarding the 2017 Second Editions. The course will enable participants to gain confidence in working with these documents, whether they represent employers, consultants or contractors.
dministrative and Commercial Contracts relations are based on contracts of one type or another. These are becoming increasingly complex, need to understand what a contract does require them and the other party to the contract to do, and the consequences for both parties of any failure. This course is intended to provide an understanding of contracting in the English language but in an international context.
Employment contracts may be concluded either for a definite term or for an indefinite term. And an employment contract is deemed to have been made for an indefinite period where the employment relationship is not based on a fixed term. On the other hand, the conclusion of a definite termed employment contract is exceptional in labor law which is possible only if the work or contract is subject to an objective condition such as the cases where the work has a specified term or will be completed in a specified term or where a certain event occurs. And definitely termed contracts shall be made in written form as a legal obligation. An employment contract for a definite period must not be concluded more than once, except for essential reasons which may necessitate repeated {chain} contracts. Otherwise, the employment contract is deemed to have been made for an indefinite period from the very beginning. One of the major differences between definite termed and indefinite termed employment contracts is the rights each of which grants for the employee. For example, whereas indefinite termed contracts necessitate a notice to be made prior to termination, payment of severance if an employee had worked for more than one year, as the case may be, definite termed contracts expire automatically {without any notice} upon the lapse of definite term and employee will not have the right of severance pay, except for unjustified early termination.
This program shows you how to draft effective contracts – avoiding unnecessary disputes, unenforceable conditions, inflated bids, productivity loss, and claim administration & settlement costs. It also shows you how to draft contracts to enable long term relationship building and minimal termination pain to the parties.
This course is designed to provide practical guidance to those involved in the management or administration of projects where use of FIDIC forms of contracts is required. The course covers management disciplines and procedures in the “Pre-Contract” phase of the project including the FIDIC Client Consultant Service Agreement and selection of the appropriate FIDIC form of contract. It also covers the “Post Contract” award phase, including all contract management disciplines and claim management issues. This practical course explains and illustrates the use of the FIDIC conditions of contract for construction (the “Construction Contract”) and the FIDIC conditions of contract for plant and design-build (the “Design-Build Contract”). The course covers the 1999 Contracts books with highlights regarding the 2017 Second Editions. The course will enable participants to gain confidence in working with these documents, whether they represent employers, consultants or contractors.