Intricate Connections Consultants www.iccconsult-fr.

com 2019

CONTRACT MANAGEMENT & DISPUTE RESOLUTION

28th October – 17th November 2019

(3 Weeks)
Dubai, United Arab Emirates

INTRODUCTION

In today's modern business world contracts are a necessity but numerous laws, regulations and unforeseen events
make dealing with business contracts complicated. Therefore, if you are involved in managing public, private or NGO
sector business affairs and contracts, you need to understand the intricacies involved in contract formulation,
interpretation, review, performance, enforcement, negotiation, as well as remedies in case of its breach. You also need
to know the strengths, weaknesses, risks and the missing terms before signing an agreement so that the final
agreement is effective and enforceable.

The management of ongoing business contracts is a daunting task, requiring knowledge, skill and the experience. You
should be able to handle all the details necessary for ensuring you get what you bargained for as well as covering you
against claims that you haven't done your part. Here, you need to know your rights, remedies and duties regarding the
performance and enforcement of your legal and contractual rights. Balancing the exercise of rights, selection of remedy
and ensuring your own duties are also important. The breach of contract may have serious consequences both to your
business and reputation. Therefore, you need to have sufficient evidence should things deteriorate into a breach of
contract and enforcement actions become necessary. Before you plunge into a time intensive and expensive process,
you should know whether there is a breach at all and if so, what may be the consequences? Is there any scope to avoid
litigation and treat the breach? What are your obligations under the agreement and who will pay the costs and lawyer's
fees of an enforcement action?

These are some of the issues which you must address if there is an indication of a breach of contract. There are also
possibilities that you may have to think whether to file a lawsuit or begin ADR (Alternate Dispute Resolution - arbitration,
mediation etc.) or go for negotiation or a combination best suited to your business.

WHO SHOULD ATTEND

The course will benefit anyone involved in managing public, private, PSUs or NGO sector business affairs and
contracts, including executives in Industry, Government, Entrepreneurs, State-owned Enterprise Managers, Engineers,
Project and Office Managers, Sales and Marketing Managers, Contractors, Subcontractors and Consultants delivering
Contract Services and Support

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COURSE OBJECTIVES

The programme is designed to :

 Impart knowledge about legal issues in contract formulation and the management of domestic & international
commercial contracts
 Examine the principles, practices and issues relating to execution of commercial contracts
 Understand the remedies available in the event of a breach of contract
 Apply, appreciate and understand the role of alternative means of dispute resolution
 Develop an ability to handle more effectively the potential legal risks while managing business contracts
 Learn how to employ financial spreadsheet models to forecast revenues, analyze financial projections,
determine the cost of capital and set tariffs
 Site visits with managers from utilities to discuss financial and capital investment planning
 Develop your own financial/budgeting strategies action plan to implement on-the-job

COURSE CONTENT

Managing Issues on Formation

 Analysing the interpretation problems with formation documents, e.g. Letters of intent, MoUs, Letters of Comfort
and Heads of Agreements
 Preliminary agreements and certainty of terms in contracts
 The problem of ‘good faith’ in contracts and what this means for contracting parties
 The formation of process contracts and the associated risks
 Issues surrounding electronic transactions

Drafting a Watertight yet Concise Contract

 The approach taken by judges in interpreting documentation
 The fundamentals of a modern approach to plain drafting
 Using appropriate grammatical structures and words to avoid
 Developing an appropriate structure for contracts and plain language vocabulary
 The incorporation of KPIs in contract drafting
 Case study analysis of poor drafting and how it can be improved to achieve a stronger and clearer outcome
o Review contracts and examine good and bad examples of contracts against the commercial objectives
which the contract aims to support
 Development of an overall design framework for contract drafting
 The use of ‘standard form’ contracts and how to avoid exposure by using these contracts
 The problems surrounding the use of boilerplate clauses in contracts

Risk Management within the Contract

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 How to design risk management processes for organisational contracting

 Assessing exposure from the contract
 Identification of appropriate clauses which can be used to manage risk, e.g. exclusion clauses, limitation of
liability clauses, indemnities, ‘best endeavours’ clauses, jurisdiction clauses
 The judicial rules which govern the interpretation of risk management clauses in contracts
 Drafting tips to avoid the pitfalls of risk management clauses
 The legal rules applicable to jurisdiction clauses and how to ensure jurisdiction risk is controlled
 The management of risk associated with variations in contracts

Termination of Contracts
 The legal rules which govern termination in contracts
 Designing termination provisions in contracts to ensure they avoid any adverse judicial interpretation
 Identification of the practical response to termination rights in a contract
 Minimisation of the risk which arises on a right of termination being exercised
 Identification of conduct which amounts to wrongful termination and its impact on contracts
 The rules relating to repudiation in contract management

Damages Examined
 The legal principles which apply to contractual remedies
 Matters which affect the recovery of damages and recent cases where the courts have assessed damages
 The rules relating to liquidated damages in contracts
 The commercial and legal problems associated with liquidated damages clauses
 Drafting effective liquidated damages clauses

Examining Insurance Arrangements and Indemnities

Dispute Resolution
 The modern approach to dispute resolution
 The pitfalls and traps of dispute resolution
 Drafting a dispute resolution process for contracting
 How to ensure the collection and maintenance of appropriate documentation within the contract process
 The legal view of clauses which provide for dispute resolution
 Risk Management & Dispute Avoidance
 Arbitration and Alternative Dispute Resolution

NOTE

Course participants are invited to highlight topics of interest before the detailed course schedule is prepared for
commencement. This will usually be on the orientation day. Every effort will be made to accommodate participants
training needs within the general scope of the course.