PRINCIPLES AND ISSUES IN DOMESTIC AND INTERNATIONAL CONTRACTING AND CONTRACTS
The core of the program is preparations, contract planning, principles and the techniques and tactics necessary for preparing and conducting successful negotiations. The participants leave this program armed with skills, knowledge and international best practices which enable them to clearly identify contractual issues in negotiations, such as rights and obligation of the parties, commercial and financial issues, technical and technology issues, and legal issues. The training program also equips participants with practical negotiation techniques to ensure that they are successfully prepared to achieve key goals in contract negotiation. Participants will be able to identify the critical binding issues in contracting, including the conditions, representations and warranties, events of default and termination, and release from obligations. Participants are able to understand events of default and implications of such events. The program goes further to tackle various forms of dispute resolution. The program exposes participants to a full understanding of the intricacies involved in contract with an international element which includes applicable law and jurisdiction in international contracts. This Program is recommended for professional engaged by Government; Development Partners; Service Providers engaged in development of infrastructure; and Project Financiers.
PROGRAM CONTENT
•Contracting Principles and Contract Formation
•Pre-Contact Due Diligence and Planning
•Planning Phase and the Negotiating Team
•The Contractual Issues for Negotiations
o Rights and Obligation of the Parties
o Commercial and Financial Issues
o Technical and Technology Issues
o Legal Issues
•The Conditions
•Representations and Warranties
•Events of Default
•Termination and Release from Obligations
•Resolution of Disputes
•The Applicable Law and Jurisdiction in International Contacts
•FIDIC Contracts
•Simulation Exercises |