Introduction
This course provides participants with a deep understanding of contracts in an international context. Delegates will learn the creation, structuring, management, and dispute resolution aspects of contracts, with a focus on improving commercial outcomes, controlling risk, and applying global best practices.
Course Objectives
By the end of this program, participants will be able to:
- Understand the role and importance of contracts in business.
- Apply strategies to improve contract management and commercial outcomes.
- Interpret and use key contractual clauses, terms, and structures.
- Manage change, variations, and collateral documents (bonds, guarantees, letters of intent).
- Apply dispute resolution techniques in international contexts.
Target Audience
- Contract Managers and Administrators
- Procurement and Purchasing Officers
- Project Managers and Project Directors
- Legal Advisors and Corporate Lawyers
- Professionals involved in tendering, contract negotiation, or supplier management
10-Day Course Outline
Day 1 – Introduction to Contracts & Creation
- The need for contractual relationships
- Offer and acceptance
- Intention to create legal relationship
- Written vs. oral contracts
- Signing, sealing, and witnesses
- Authority to sign and proving authority
Day 2 – Contract Enforcement & Tender Process
- Making contracts enforceable internationally
- Involvement of agents
- What happens if work is carried out without a contract
- Tender process essentials
Day 3 – Structure of Contracts
- Form of Agreement
- General and Special Terms & Conditions
- Schedules and Appendices
- Title transfer and ICC Incoterms
- Notices, laws, and courts
Day 4 – Contractual Structures & Collateral Documents
- Traditional and new contract structures (Middle East focus)
- Bonds and guarantees: Tender, Advance Payment, Performance, Warranty, Parent Company
- Letters of Intent, Award, Comfort/Awareness
- Managing claims and financial security
Day 5 – Changes & Variations
- Need for consent, assignment/novation, and waivers
- Variation clauses and notice provisions
- Valuation of variations and changes
- Claims and how they arise
- Delays caused by client or contractor/supplier
Day 6 – Force Majeure & Disruption
- Understanding force majeure clauses
- Managing project delays and disruptions
- Risk mitigation strategies
- Case studies of common issues
Day 7 – Dispute Resolution – Part 1
- Negotiation strategies
- Staged dispute resolution clauses
- Litigation vs. arbitration
- Modern best practices in resolving disputes
Day 8 – Dispute Resolution – Part 2
- Mediation, conciliation, early neutral evaluation
- Expert determination, mini-arbitration, pendulum arbitration
- Applying techniques in international contexts
Day 9 – Managing Contract Performance & Changes
- Monitoring contract execution
- Change management and controlling risks
- Using bonds and guarantees strategically
- Enhancing supplier relationships and preventing conflicts
Day 10 – Capstone & ILM Endorsed Assessment
- Work-based assignment: identifying a contractual problem
- Demonstrating contracting strategies, legal engagement, and dispute resolution
- Practical implementation of best practices
- Final review and feedback