Course Overview

In this course, you will learn to interpret the contractual clauses and what the terms and conditions actually mean. It is even more vital to understand how contracts can be made electronically through email and the World Wide Web over the internet.

This Zoe course will empower you to manage risk, systematically audit contracts & improve dispute resolution by examining advanced elements of contract law & contractual obligations. Become competent at assessing the legal advice you receive & interpret it correctly to generate true value for your business.

Course Objective

The objectives of this Construction Contract Law, Arbitration and Dispute Resolution training course are to empower professionals to —

• Implement strategies to ensure contracts are plainly expressed and risk well managed
• Be effective in drafting error-free, risk-free, and fully functional international commercial arbitration clauses in different situations
• Handle Drafts and review arbitration documents, whether they are contracts or pleadings, and effectively collaborate and liaise with offshore counsel in different kinds of proceedings before the arbitral tribunal, judicial proceedings in connection with the arbitration in the supervisory jurisdiction and in enforcement proceedings
• Clearly Identify clauses that can be used to effectively manage risk
• Perform advisory work and take strategic decisions on initiation of proceedings internationally
• Analyse optimal times to exert the power of the clauses in your contracts
• Acquire in-depth knowledge and seamlessly utilize insights from the rules of the most frequently designated international arbitral institutions (ICC, LCIA, and SIAC) for arbitration proceedings
• Explore how to browse through and interpret the arbitration law of foreign jurisdictions (relevant for offshore international arbitrations)
• Effectively advise clients on how to select an appropriate seat and to initiate proceedings before courts of a foreign supervisory jurisdiction

Training Methodology

This collaborative Construction Contract Law, Arbitration, and Dispute Resolution training course will comprise the following training methods:

• Lectures
• Seminars & Presentations
• Group Discussions
• Assignments
• Case Studies & Functional Exercises

Zoe Talent Solutions follows the ‘Do-Review-Learn-Apply’ model.

Organisational Benefits

Through this Construction Contract Law, Arbitration, and Dispute Resolution course, participants shall be able to benefit their organization in the following ways:

• Assurance that the organisation has a high level of ‘contractual governance’
• Defend and safeguard interests “if things go wrong in the future”
• Clearly know the force of your contractual obligations
• In a position to perform hands-on work on international commercial arbitrations in Dubai (DIFC), Singapore, and UK (and in other jurisdictions)
• Effectively review and examine documents filed before courts of supervisory jurisdictions or the jurisdiction of enforcement
• Utilize the powers of courts of supervisory jurisdiction for intervention in arbitration proceedings
• Leverage other facets of domestic legal systems, such as public policy, arbitrability, anti-suit injunctions and proceedings before judicial forums and tribunals in-home and offshore jurisdictions

Personal Benefit

Through this Construction Contract Law, Arbitration, and Dispute Resolution course, individuals shall benefit in the following ways:

• Handle and support emergency relief, interim relief, or in their statement of claims or counterclaims
• Effectively draft key documents associated with international commercial arbitration
• Learn Drafting skills to effectively draft arbitration clauses, pre-arbitral notices, claims, statements of defence, and other documents with respect to arbitration proceedings
• Grasp the commercial intent of different commercial contracts to make effective written and oral arguments
• Cultivate an understanding of substantive principles of contract law (of offshore jurisdictions)
• Increase knowledge of arbitration statutes of foreign jurisdictions
• Understand how to utilize the rules of different arbitral institutions to one’s advantage in a real dispute
• Be in a position for strategic use of mediation advocacy skills to enable parties to arrive at consensual outcomes
• Skilfully conduct evidence proceedings in arbitrations
• Become proficient in making a valid contract – oral or written
• Discover how a contract may be discharged by novation, by performance and frustration and how to terminate a contract and understand the remedies available for breach of contract, including liquidated damages and penalty clauses, definite performance, and injunctions

Who should Attend?

• Transactional/ corporate lawyers
• Litigators
• Independent practitioners
• In-house counsels
• Law students
• Contractors and anyone interested in the construction industry
• Contract managers
• Project managers
• Engineers
• Human resource

Course outline

Module 1: Contract Law

• Understanding Contract Law
• Contract Fundamentals – An Introduction to Contracts
• Validating a Contract
• Contract law effect on Tendering and Bid Processes
• Agreements and Underlying Documents
• Using the Right Contract Type
• Heads of Agreements & Letter of Intent
• Side Letters
• Authority to Sign Contracts and E-Signatures
• Impact of Negligence on Business Arrangements
• Contracts
• Offer or Proposal
• Rejection of an offer / Counteroffer
• Acceptance
• Consideration
• Essentials of a Valid Contract
• Free Consent
• Quasi Contracts
• Performance of Contract
• Breach of Contract: Material Breach
• Battle of Forms

Module 2: Contract Management Planning

• Pre-contract negotiations
• Contract Management Process
• Contract Administration
• Negotiating and Managing Performance through Service Level Agreements (SLA)
• Identify issues to be managed
• Establish an effective team
• Lists of services and deliverables expected
• Importance of having a well-constructed SLA
• Evaluating and managing contractor performance
• Developing, implementing, and measuring Key Performance
• Indicators to check and assess the quality of service
• Drive business value to achieve the company’s goals
• Statement of Works
• Change Orders
• Outsourcing Contracts
• Checklists for Outsourcing contracts
• Services to be performed by the vendor
• Charges e.g., GST
• Hardware and software
• Project managers
• Warranties e.g., performance standards
• Backup and disaster recovery
• Exclusion of liabilities
• Turn-back services
• Indemnity
• Confidentiality
• Force majeure
• Waiver
• Assignment
• Entire agreement
• Governing law
• Contract management
• What are Contracts and Why should we have them?
• What are the Types of Contracts?
• When and How to Use Each Type?
• Potential Risks Prevention
• Principles of Good Contracting
• Why do we use contracts?
• Key stages in the creation of a Contract
• Essential elements of a valid contract
• Tendering & Contract Award Process – An Overview
• Advantages of tendering and some pitfalls to evade
• Distinguishing price and values
• Other Types of Obligation Documents
• Bonds and guarantees
• Letters of intent and award – are they contractual and lawful?
• Letters of Comfort – Do they represent anything?
• Side letters – why they can be risky and dangerous
• When to Obtain Legal Advice?
• Law of Agency
• Authority to sign contracts
• Synopsis of Basic Law of Contract and Law of Torts
• Construction Industry and its Legal Framework
• SOP Overview and Procedure of Claim under SOP
• Discussion of Standard Forms of Contract and Necessary clauses in Construction Contract
• Overview of Dispute Resolution Processes
• Case Studies: Contract disputes and dispute resolution
• Adjudication on the basis of Security of Payment (SOP) Legislation
• Documentation in Contract Management
• Files and records
• Defensive record keeping for evidential purposes
• Version controls and software
• Document sharing and security

• Termination of contracts
• Discharge of contracts
• – By performance
• – By agreement
• – By frustration

Module 3: Dispute resolution – Understanding disputes in the following:

• Indemnities / Warranties / Guarantees (Bonds)
• Dispute Resolution Management
• Mediation
• Conciliation
• Adjudication
• Arbitration
• Litigation
• Remedies for the Breach of contract
• Assessment and valuation of damages – The compensatory aim
• Obtaining injunctions
• Liquidated damages
• Penalty clauses
• Speculative damages
• Mitigation of damages
• Specific performance
• Enforcement Methods
• Identifying and evaluating different strategies in dispute resolution
• Litigation, arbitration, and mediation, mini trials
• Techniques to structure efficient dispute resolution clause

Module 4: Arbitration

• Introduction to Arbitration, Mediation & Conciliation
• Arbitration & Allied Laws
• Types and Categories of Arbitration
• Sector Wise Arbitration & Case Studies
• Planning Arbitration
• Conducting Arbitration
• Award Writing
• International Commercial Arbitration
• Mock Arbitration/Role Play