While the object of international contracting is to write and manage contracts to minimize disputes, some disagreements are inevitable. These can arise from failures by one of the parties, but also often arise from misunderstandings as to obligations under the contract.
This program will look at how claims (and counterclaims) arise; how they can be reduced or avoided by good contracts management; how they should be evaluated when received, or prepared when being delivered and how to resolve disputes arising from such claims. It will also, and most importantly, look at ways of avoiding disputed claims in the first place.
All of these processes, and indeed, claims and counterclaims generally, become more complicated when placed in an international context. This is particularly the case where a foreign law and/or legal system is involved, with which you may not be familiar, and which may include rules which conflict with those of your own country.
At the end of this conference the participants will be able to:
Understand how and why claims and counterclaims arise
Explain the differences between claims and counterclaims
Identify common causes of claims and disputes, and how to avoid them
Discuss how to develop contracts management procedures to avoid disputes over claims and counterclaims, while resisting unjustified claims
Increase working knowledge of legal implications and potential problems with foreign legal systems
Improve the ability to reduce the risk of claims and disputes
At the end of this conference the participants will be able to:
Understand how and why claims and counterclaims arise
Explain the differences between claims and counterclaims
Identify common causes of claims and disputes, and how to avoid them
Discuss how to develop contracts management procedures to avoid disputes over claims and counterclaims, while resisting unjustified claims
Increase working knowledge of legal implications and potential problems with foreign legal systems
Improve the ability to reduce the risk of claims and disputes
Causes of typical claims
Poor drafting of requirements
Acceleration
Variations
Extension of time
Force majeure
Overview of main contractual provisions relevant to claims and counterclaims
Types of claims, in construction and other areas - and their distinctive features
Re-measure disputes
Variations - disputes on valuation
Variations - disputes as to whether there is change
Breaches of contract
Quality of workmanship
Re-work
Rejection of goods
Full rejection
Special issues with documentation in EPC and turnkey contracts
Special issues with EPC/Turnkey contracts
Requirements for claim presentation
Notices
Timing, and time limits
Are time limits binding?
Warning signs of disputes
Recording claims
Reviewing claims
Managing claims quickly and effectively to avoid disputes
Managing claims and disputes
Involving lawyers
Managing the legal process
Setting goals
Decision trees
Controlling costs - and including them in your thinking
What is a dispute?
Introduction to dispute resolution methods and techniques
Stage negotiation - setting up internal dispute resolution within the contract
Measures of success - win-win negotiation
Understanding what constitutes a “win” for you
Bargaining
Defusing conflict
Personality clashes and how to avoid them
Domestic
International
Single or panel
Enforcement
Mediation
Med/Arb and Arb/Med
Adjudication
Expert determination
Pendulum arbitration
Conflict and its resolution
Differences between alternative dispute resolution methods
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