2 - 13 Jun 2025
Kuala Lumpur (Malaysia)
Hotel : Royale Chulan Kuala Lumpur
Cost : 8400 € Euro
Commercial and business relationships are based on contracts of one type or another. These are becoming increasingly complex, and as trade becomes ever more international, the differences in approach between different legal and contracting systems become a greater issue. All business professionals need to understand what a contract does (and does not) 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.
To enable delegates to improve their understanding of the role of contracts within a business, and how strategies can be developed to improve the commercial outcomes and the management of contracts. The course will also allow delegates to consider the latest international thinking in dispute resolution, and how this can be used in everyday business life to reduce conflict and the costs and delays associated with more conventional approaches.
Develop an understanding of the role of contracts in the business world
Explain how contracts are structured
Examine current thinking on contracting structures in an international context
Improve understanding of the main terms and conditions of contracts
Understand the importance of change management and control
Develop an appreciation of the collateral documents that work alongside contracts; including bonds, guarantees, letters of intent, etc.
Review the latest international thinking in alternative methods of dispute resolution
Strategic planning
Contract drafting
Ability to instruct and manage lawyers
Commercial management
Risk assessment and management
Negotiation skills
Dispute resolution
The need for contractual relationships
What is needed to create a valid contract?
What happens if there is no contract, but work is carried out anyway?
Making contracts enforceable – with particular emphasis on the international context
Online Contracting
Contract Management Review and Summary
Structure of contracts
Notices and other formalities
Which law and which courts?
Different contractual structures
Traditional
New structures used in the Middle East
New structures not widely used in the Middle East
Side letters - why they can be dangerous
When to Obtain Legal Advice
Collateral documents
Retention/Withholding
Letters of intent
Letters of comfort or awareness
Types
Who should carry the cover?
How should you manage claims?
Are banks or insurance companies good enough security?
Insurance policies
Assessing the need for financial security in the current economic climate
Changes to the scope
Variation clauses
Notice provisions
Valuation of variations and changes
Claims – what they are, and how they arise
Delay caused by the client
Delay caused by contractor/supplier
Force majeure
Delay and disruption
Resolving Disputes
Negotiation
Staged dispute resolution clauses
Litigation
Arbitration
New best practices in dispute resolution
Assessment leading to ILM Endorsed Certification:
Learners have to demonstrate in a work-based assignment a clear understanding of the role of contracts within a business by identifying a contractual problem within the workplace and examine ways to process or resolve it. The problem may relate to the inception, negotiation, structure, content, management, breach or termination of the contract or any variety of these. Learners should focus on showing:
Ability to understand commercial issues relating to the contract
Choice of potential contracting strategies
Appropriate engagement of and communication with the legal department
Understanding where appropriate of using bonds and guarantees as part of contracting strategy
Control of change
Use of modern dispute resolution techniques
Chosen method of improving relationships with suppliers and contractors as a result of reducing conflict