What are Contracts and how are they Created?

• The need for contractual relationships
• What is needed to create a valid contract?  Ingredients and formalities
• Authority and agency
• The tender process
• Alternative sourcing
• Making contracts enforceable – with particular emphasis on the international context

The Structure of Contracts

• Form of Agreement
• Hierarchy of Terms and Conditions
• Different contractual structures • Traditional and new
• Risk and Title (ownership) in international trade. When does it transfer?
• Notices and other formalities
• Which law and which courts?

Collateral Documents

• Securitising performance obligations
• Bonds and guarantees
• Parent company guarantees
• Letters of intent,  comfort or awareness
• Insurance policies
• Assessing the need for financial security

Change and Variation

• Changes to Contract documents
• Assignment/Novation explained and distinguished
• Variation clauses  and changes to the scope of work
• Claims – what they are, and how they arise
• Delay and disruption
• Force majeure

Resolving Disputes

• Conflict avoidance and tiered dispute resolution clauses
• Negotiation
• Litigation
• Arbitration
• Mediation, ENE and new best practices in dispute resolution and management
• Final questions and review of course