Managing and Resolving Contractual Risk (Online / Remote)
1Summary
Every contract carries risk the moment it is signed — the question is whether an organization can see it coming, measure it, and absorb it without lasting damage. Arab British Fellowship Training Academy built this course, "Managing and Resolving Contractual Risk", around that question, giving institutions reasonable, defensible standards for assessing exposure across financial, legal, economic, and regulatory lines.
Risk management here means more than spotting a problem: it covers identification, measurement, and assessment, followed by strategies for transferring, preventing, minimizing, or absorbing the consequences that remain. The course examines the damage that contractual relationships can produce and the measures needed to address it before it escalates, closing with a detailed look at mediation and arbitration as routes to resolving disputes once prevention has failed.
2Objectives and target group
Who Should Attend?
- Managers and directors of companies and institutions.
- Legal department staff and legal officers in commercial and business firms.
- Employees working in legal management.
- Law students and graduates from various universities.
Knowledge and Benefits:
After completing the course, participants will be able to:
- Assess legal and contractual risk using an integrated framework of provisions and procedures.
- Draft legally sound contracts and administrative resolutions, including employment contracts.
- Judge the practical importance of accurate contract specifications throughout the procurement cycle.
- Recognize the main categories of institutional risk — legal, liquidity, operational, price, and regulatory — and the measures that address each.
3Course Content
Module 1: Foundations of Economic Risk Management
- Core foundations of economic risk management for contracts.
- Stages of the risk management process and appropriate treatment methods.
- Evaluating, reviewing, and implementing risk plans, and dealing with financial damages.
Module 2: Contractual Liability and Legal Risk
- Contractual violations and defects committed by contracting parties in their personal capacity.
- Commitment to achieving the contract objective and exerting reasonable due diligence.
- Intentional versus unintentional defects, third-party liability conditions, and causal relationships between actions and damage.
Module 3: Limiting Legal Damages
- Predictable damages under domestic legal systems and the principle of comprehensive compensation.
- Sources of compensation and the commitment to mitigate damages under local and comparative legal systems.
- Burden of proof for due diligence, methods of compliance, and penalties tied to mitigation.
Module 4: How Specification and Language Risk Trigger Disputes
- Different types of specifications and the risks tied to each.
- The impact of language on the meaning of contractual articles and legal conditions.
- Contract preparation, negotiation, and persuasion skills that prevent disputes before they start.
Module 5: Resolving Disputes Through Mediation and Arbitration
- Definitions, justifications, and appropriate use cases for mediation, and the stages of the mediation process.
- Types of negotiation and communication methods used during mediation.
- The nature of arbitration, applicable law, arbitration agreements, tribunal formation, and the role of permanent arbitration bodies and international treaties.