Administrative 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.
This recently updated, the comprehensive course will enhance delegates’ ability to negotiate effectively - a critical competency for internal and external business negotiations. It will equip them with a detailed understanding of the negotiation process and an appreciation of the elements of planning a strategy to achieve workable solutions and success. It covers the key stages of negotiation, considers how disputes arise, and provide delegates with the skills to follow a structured process to achieve results. The delegates will be introduced to different negotiation styles, tactics and at the same time learn how to recognize and counter them effectively
High-quality Contract and Tender Management are essential activities in achieving improved levels of performance for all organizations. Providing the high value-added activities available from contract and procurement operations requires the continuous involvement of knowledgeable professionals and management who understand and implement the best practices in Contract Management and Tendering for the acquisition of goods, equipment, and services
While the object of international contracting is to write and manage contracts to minimize disputes, some disagreements are inevitable. These can arise from failures by one of the parties, but also often arise from misunderstandings as to obligations under the contract. This program will look at how claims (and counterclaims) arise; how they can be reduced or avoided by good contracts management; how they should be evaluated when received, or prepared when being delivered and how to resolve disputes arising from such claims. It will also, and most importantly, look at ways of avoiding disputed claims in the first place. Once a dispute starts, it can usually be solved most effectively by negotiation between the parties. However, if this does not prove effective, some sort of third party intervention is required. Traditionally, this has tended to focus on either involving state courts (litigation) or the equivalent private method of getting a third party to make a decision (arbitration). However, there are now many more techniques available in the international market, including expert determination, mini-arbitration, pendulum arbitration, adjudication, and other techniques whereby a third party decides the matter for the parties. Also, there are mediation, conciliation, hybrid solutions such as Arb/Med, where a third party facilitates the settlement by the parties themselves, rather than imposing a decision. Many of these techniques rely on looking at the parties’ interests, rather than their strict legal rights. All of these processes, and indeed, claims and counterclaims generally, become more complicated when placed in an international context. This is particularly the case where a foreign law and/or legal system is involved, with which you may not be familiar, and which may include rules which conflict with those of your own country.
While the object of international contracting is to write and manage contracts to minimize disputes, some disagreements are inevitable. These can arise from failures by one of the parties, but also often arise from misunderstandings as to obligations under the contract. This program will look at how claims (and counterclaims) arise; how they can be reduced or avoided by good contracts management; how they should be evaluated when received, or prepared when being delivered and how to resolve disputes arising from such claims. It will also, and most importantly, look at ways of avoiding disputed claims in the first place. Once a dispute starts, it can usually be solved most effectively by negotiation between the parties. However, if this does not prove effective, some sort of third party intervention is required. Traditionally, this has tended to focus on either involving state courts (litigation) or the equivalent private method of getting a third party to make a decision (arbitration). However, there are now many more techniques available in the international market, including expert determination, mini-arbitration, pendulum arbitration, adjudication, and other techniques whereby a third party decides the matter for the parties. Also, there are mediation, conciliation, hybrid solutions such as Arb/Med, where a third party facilitates the settlement by the parties themselves, rather than imposing a decision. Many of these techniques rely on looking at the parties’ interests, rather than their strict legal rights. All of these processes, and indeed, claims and counterclaims generally, become more complicated when placed in an international context. This is particularly the case where a foreign law and/or legal system is involved, with which you may not be familiar, and which may include rules which conflict with those of your own country.
In every organization, care is taken to manage risks, by seeking to eliminate those that can be removed, and reducing and managing the remainder. Part of this process involves developing robust contracts that apportion risk equitably and include a structure of indemnities with contractors, supported by a comprehensive insurance regime. In addition, it is important that contract personnel understand contractual risks and what insurance can (and cannot) do to remove the financial consequences of such risk; remembering always that insurance only mitigates the effect of risk, it does not make the risk itself go away.
Attention to the issue of legal drafting is not merely taking care of the formal or procedural aspect, but its aim is to reach the application of the rule of law and good governance through the enactment of legislation well and sophisticated, and very clear and precise in the drafting, and all of this is consistent with the Constitution and does not conflict with the laws Second, the concept is applicable to the general public and the quality of legal drafting is an important component of good governance because of its impact on the social, economic as well as political levels in the country. The legal rules consist of two important elements of science and the element of legal drafting, where the science component relates to the essence and subject matter of the law, that is, the primary article of the law, and the factors that fall within its content, namely the creative forces in the law.
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.
The objective of every organization is that the contracting process results in a fair and reasonable price for a high-quality time deliverable. To meet this objective, world-class organizations view the application of best practices in contract administration after the award as essential skill sets needed by all employees involved in the contracting process. Included in this fast-paced conference to show renewed emphasis on this critical phase of contract management are: Effective Contract Administration. Interpretation of Contracts. Maintaining Contract Schedules. Controlling Contract Changes.