Contractual Risk Management
$2,300.00
Objectives
- Achieving and imparting the basic skills in predicting the risks of streptococcus and avoiding them by following specific procedures.
- Avoid liability for breach of contracts.
- Appreciate the appropriate compensation in case of contractual damages.
- Identify alternative means of dispute resolution and the effectiveness of these means and their relationship to the judiciary.
- Knowledge of how to resolve disputes through mediation.
- How to agree on arbitration.
- How to prepare an Arbitration Tribunal for the settlement of disputes.
- Study some techniques and concepts to avoid risks in both domestic and international contracts.
Who Should Attend?
- Contract staff
- Managers
- Counselors
- Professionals responsible for contract execution and contractual claims
Seminar Outline
- Principles of financial risk management for contracts.
- Steps of Risk Management Process.
- Dealing with risk.
- Plan to address them.
- Review and evaluate the plan.
- Implementation of the plan.
- Limitations and Constraints.
- Areas of application of risk management.
- Financial risk management and contract continuity.
- Methods of dealing with the financial risks of the contract
DAY 1
- The error is nodal from one side.
- Liability of the Contractor for personal error.
- Commitment to achieving a result.
- Commitment to care.
- Deliberate error or fraud.
- The error is not intentional.
- Conditions of liability of the contractor for the act of cancellation.
- Damage: physical, potential and investigator falling.
- How to estimate damage.
- Causal relationship between cause and damage.
- Nodal Liability Agreements.
DAY 2
- Compensable damage.
- Predict damage in national legal systems.
- Formulation of the rule in the European principles of contracts.
- The principle of full compensation.
- Compensation function and source.
- Commitment to mitigate damage.
- Mitigation commitment in national laws and English law.
- Different systems in Roman law.
- European Principles of Contract Law.
- Commitment to the mitigation of arbitration and its foundation.
- The principle of good faith in international trade relations.
- Burden of proof of due diligence to mitigate harm.
- The burden of proving the unreasonableness of the procedures used.
- Methods of compliance.
- Effects of commitment to mitigate damage.
- Penalty for failure to mitigate damage. .
DAY 3
- Definition of alternative means of dispute resolution.
- Mini court.
- The Michigan Mediation or the Velvet Hammer.
- Mediator.
- Identify different types of alternative means.
- Negotiations.
- Mediation.
- Early neutral assessment.
- Arbitration.
- The effectiveness of these means and their relationship to the judiciary.
DAY 4
- Arbitration Status.
- Determining the applicable law.
- Determination of the adjudication court for arbitration.
- The idea of public order.
- Agreement on Arbitration.
- Sultan of will - and the law of the place of arbitration.
- Form and picture arbitration agreement.
- The principle of independence of the arbitration clause.
- Competence of parties to agree on arbitration.
- Arbitration in State contracts.
- Initiation of arbitral proceedings.
- Formation of the arbitral tribunal.
- Subject of the dispute.
- Permanent Bodies of Arbitration.
- International agreements.
- National legislation.
- Closing of the program.
