The Course Content
Day One: What are Contracts and how are they Created?
The need for contractual relationships
What is needed to create a valid contract? Ingredients and formalities
Authority and agency
The tender process
Alternative sourcing
Making contracts enforceable – with particular emphasis on the international context
Day Two: The Structure of Contracts
Form of Agreement
Hierarchy of Terms and Conditions
Different contractual structures
Traditional and new
Risk and Title (ownership) in international trade - When does it transfer?
Notices and other formalities
Which law and which courts?
Day Three: Collateral Documents
Securitising performance obligations
Bonds and guarantees
Parent company guarantees
Letters of intent, comfort or awareness
Insurance policies
Assessing the need for financial security
Day Four: Change and Variation
Changes to Contract documents
Assignment/Novation explained and distinguished
Variation clauses and changes to the scope of work
Claims – what they are and how they arise
Delay and disruption
Force majeure
Day Five: Resolving Disputes
Conflict avoidance and tiered dispute resolution clauses
Negotiation
Litigation
Arbitration
Mediation, ENE and new best practices in dispute resolution and management
Final questions and review of course