INTRODUCTION
In every organization the basis of business activity is the creation, drafting, negotiation and management of contracts. Those involved in the contracting process are, rightly, required to act as contracts professionals, and can no longer afford to treat contracts as an adjunct to their main roles. The increasing complexity of contracts, particularly when used in an international context, has brought the need for such skills into sharp focus. With these matters in mind, this programme is designed to:
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Examine the basis of contracting, with particular reference to international contracts
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Explore the ways in which contracts are created, including competitive tendering
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Look at some of the issues in drafting contracts, including clarity of language
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Show how to prepare for and conduct negotiations, whether on the terms of the contract itself, or on claims arising after the contract has been created
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Review some major issues taking a contract through to close out
PROGRAMME OBJECTIVES
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Understand the issues behind contracts
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See how contracts can be used in an international context
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Explore ways of creating contracts, and the different strategies available for different types of project
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Review different types of contract
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Examine some of the issues that arise in drafting contracts
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Develop improved skills in negotiation relating to contracts
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Share examples of how to manage contracts to maximise the result for the organisation
TRAINING METHODOLOGY
The programme will combine conventional teaching with a high level of participation; including an interactive approach to involving participants in discussion of topics; exercises; and encouraging participants to bring their own experiences forward for discussion and debate. Wherever possible, real examples and short case studies will be included from different industries around the world to make the course as relevant as possible.
PROGRAMME SUMMARY
The programme covers the contracting process from the concept of contracts, through the creation of the contract by tendering or otherwise, and looks at the drafting of contracts, and the skills needed for negotiation in a contractual environment through contract management to close out and resolution of disputes. The intention is to develop general skills with application to a wide range of contractual situations, and to allow participants to have an awareness of practices in other areas and other industries which may add value to their own situations.
PROGRAMME OUTLINE
The Basis of Contracts
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The basis of contracts around the world
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How is a contract formed?
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Exchange of promises
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Formalities
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Writing
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Formal signing/sealing
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Registration
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Stamp Duty or other taxes
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Mental capacity
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Age
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Witnesses
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Authority to contract
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How is this proved?
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Powers of Attorney
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Special issues with foreign parties
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Issues with agents
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What happens if there is no agreed contract?
Creating a contract
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Tendering
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Why do we use competitive tendering?
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Dealing with challenges
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Other procurement methods
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Single/sole sourcing
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Framework Agreements
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Negotiated contracts
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Traditional
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More innovative
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Selecting the right one for your project
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Using Standard Forms
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Letters of Intent
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Letters of Award
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Conditions Precedent
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Conditions Subsequent
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Bonds
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Guarantees
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Insurance arrangements
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Different contract types
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Awarding the contract
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Collateral documents
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De-briefing bidders
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Kick-off meetings
Drafting contracts
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Clarity of language
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Issues with translations
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Some critical clauses
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Health, safety and the environment
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Standard of work/product/service
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Changes to the scope of work
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Indemnities
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Insurance
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Time for delivery
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Liquidated damages
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Penalties
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Force majeure
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What it is ….. and what it is not
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Limitation of liability
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Warranty and guarantee periods
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Termination
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Entire Agreement
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Notices
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Which law applies?
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Exercises in drafting
Negotiation
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Negotiation phases
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When awarding a contract
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In relation to disputes under the contract
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Negotiation techniques
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Preparation
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What to do in the actual negotiation
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Dealing with difficult parties
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Exercises in negotiation
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Phase negotiation
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Arbitration
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Courts (litigation)
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Mediation
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Expert determination
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Other alternative solutions
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Dispute resolution
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Issues where disputes are resolved in an international context
Contract Management
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Project and contract management distinguished
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Roles in Contract Management
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Document control
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Control of change
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Payment processes
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Impact of delay
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Issues in international contracts
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Managing a termination
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Close out - contractual issues
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Final course review and questions
About Dubai
Dubai, located on the Persian Gulf, is one of the seven United Arab Emirates and one of the most popular tourist destinations in the world. The discovery of oil in the region has made Dubai extremely wealthy, allowing it to build the glittering skyscrapers that it is now famous for. That wealth is strongly in evidence in Dubai and visitors will see luxurious buildings and supercars aplenty. Perfect beaches and endless shopping opportunities are to key to Dubai's attractions. Flights to Dubai open up the city's cultural attractions to tourists, with beautiful mosques, museums and art galleries scattered throughout this ultra-modern metropolis.
Things to do and places to visit in Dubai
Dubai's wealth has made it famous for building ever taller buildings and creating artificial islands off its shores. The city's hotels are luxurious and shoppers will love its extensive shopping malls which showcase all the world's top brands. Dubai's attractions don't end there. Dubai also caters to adventure lovers, who can jump in a 4x4 or on a board to speed over dunes outside the city. Local culture mustn't be forgotten either, and visitors have wonderful mosques to visit and old districts to explore. All that combined means that a flight to Dubai is sure to lead to an unforgettable holiday.
When visiting Dubai, be sure to:
- Go to the observation deck of the Burj Khalifa, the tallest building in the world.
- Admire the intricately beautiful Grand Mosque, which has the tallest minaret in the city.
- Understand the local history and culture with a visit to the Dubai Museum.
- Discover objects from the 6th century at Jumeirah Archaeological Site.
- Go skiing – That's not a joke, the Mall of the Emirates houses a snowdome.
- Go shopping at the Mall of the Emirates or the Dubai Mall.
- Explore the desert surrounding the city – either by 4x4 or atop a camel.
- Eat fantastic seafood at Dubai Marina.
- Cool off at the Wild Wadi Waterpark.
- Marvel at gorgeous Arabic calligraphy at Jumeirah Mosque, the biggest in the city.
- Take a yacht tour around the artificial islands of Palm Jumeirah.
- Haggle for souvenirs in one of the city's souks.
- Wander around the traditional building in Bastakiya District.