7 - 11 Apr 2025
Kuala Lumpur (Malaysia)
Hotel : Royale Chulan Kuala Lumpur
Cost : 5250 € Euro
Every day significant monies are made and lost by organizations as a result of the contractual terms and conditions governing contracts for the purchase of goods, equipment, and services. Since all business activities are governed by contractual relationships, it is increasingly important for all those dealing with outside organizations to have an understanding of how to obtain the best possible agreement for their organization.
The course will look at how contracts are created, and some of the main clauses that appear in contracts, together with a number of alternative contracting strategies and structures. The course will then consider methods to be used in negotiating contracts, including techniques relating to negotiating on variations and claims. The course will deal with day to day commercial issues arising from business agreements written in the English language but will use techniques which have wide application to many types of contract in many countries.
Provide an understanding of how contracts are formed
Give in depth analysis of issues behind major contract clauses
Improve appreciation of legal issues in contracts
Enhance understanding of different contracting strategies and structures
Develop new skills in negotiation of contracts and disputes
Increase understanding as to how and why disputes arise
Learn how to transfer risk through different contract types
Explain how to use contract provisions to reduce the risk of disputes
Training will involve a high level of interaction and delegate participation. The intention is that the trainer will explain issues, using real examples, but will then involve the delegates in the discussion, using the information provided. There will also be sessions on negotiating, where delegates will work as teams to seek to agree on disputes in realistic scenarios.
Delegates are encouraged to bring real problem examples with them, for discussion on a confidential basis, and to share their experience of particular issues in their company or industry.
Delegates will be introduced to some of the latest international practices in contracting strategy and dispute resolution and shown how to build such practices into their contract documents
Professionals should have more confidence in discussing issues with lawyers or with the other parties to contracts
A better understanding of legal and practical issues will allow the more effective management of external legal and other resources
Non-lawyers will find it easier to instruct and work with specialist lawyer colleagues, improving the performance of both parties
Dispute avoidance skills will be enhanced, as will the ability to manage such disputes as do arise in an effective manner
Expanding the expertise of personnel involved in developing contractual strategies, negotiating contracts and claims
Improve supplier performance in providing fair and reasonable prices for an on-time high-quality scope
The total cost of ownership should be reduced
Contracts should better reflect the commercial and other aims of the business
Contract negotiations should be more structured and focused on business goals
Disputes should be reduced, and those that do arise should be settled more quickly, with less cost, delay, and disruption
Negotiating skills and techniques
Developing contract strategies and structures
Understanding contract issues
Analyzing and drafting contract clauses
Resolution of claims and disputes
Risk Analysis
Commercial awareness of pricing and performance issues
Day 1: How contracts are formed
The reasons for using contracts
Basic principles in contract formation
Examples of formalities for contract formation
The use of written or oral contracts
Authority to sign a contract
Basic contractual structures
Use of different types of contract for different business models
Day 2: Main contract provisions and associated issues
Scope of work
Force majeure
How to deal in volatile market conditions
Delivery and acceptance
Termination and suspension
Warranty
Selecting the appropriate law to govern the contract
Entire agreement
Day 3: Changes and Variations
Changes to the contract
Scope variations
Use of variations clauses
Evaluating scope changes
Extensions of time
Disruption
Changes in sequence and timing
Controlling and managing change
Day 4: Contractual Documents and Payment Issues
Letters of Intent and Award
Bonds
Progress Payments
Parent Company Guarantees
Use of commercial standard documents
How contracts end
Suspension and Termination
Types of damages
Day 5: Dispute Resolution
Avoiding disputes
Recognizing disputes when they arise
Contract clause to encourage negotiation
Third-party dispute resolution
Courts
Arbitration
Alternative methods – including mediation
Post review and analysis