Management of Contracts and Contract Claims

While the object of international contracting is to write and manage contracts so as 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 Management of Contracts and Contract Claims training course will look at how claims (and counter claims) 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.

The EuroMaTech training course will deal with commercial disputes arising from Contracts written in the English language and will use techniques which have wide application to the resolution of many different types of disputes. In particular, this EuroMaTech training course will address:

• The causes of claims and disputes
• How to improve contracts management leading to fewer disputes and more rapid resolution of those that do arise
• Negotiation skills, which will be useful tools in all types of negotiating
• Some of the available methods of resolving disputes, beyond courts and arbitration
• The impact of foreign legal systems
• The management of the dispute resolution processes

TRAINING OBJECTIVES

This Management of Contracts and Contract Claims training course aims to enable participants to achieve the following objectives:

• Provide an understanding of 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
• Enhance understanding of basic negotiation techniques to be used when resolving disputes
• Provide an understanding of some of the main methods of dispute resolution involving third parties
• Develop an understanding of Traditional and Alternative Dispute Resolution techniques, including different ways of resolving disputes without recourse to courts or arbitration
• Provide strategies and tactics for negotiating during disputes
• Explain how to use contract provisions to reduce the risk of claims and disputes