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Summary

The British Academy for Training & Development provides a Course entitled "Contractual Risks". This Course provides institutions with the guidelines that could be followed as reasonable and proper standards to assess risks. In addition, this Course includes a section for the general guidelines besides including four other sections related to each other. Such sections provide the participants with additional guidelines related to various categories of risk assessment.

Risk management is a process of risk Identification, Measurement, & Assessment, beside the development of strategies for management and reduction of prospective damages. These strategies include risk transfer, prevention, minimization of adverse impacts, and finally the absorption methods of some or all of the obligatory consequences. It can also be defined as Management Activities aimed at controlling risk and exerting maximum efforts and potential to reduce any risks to the acceptable levels.

The purpose of this training course is to examine the damages resulting from Contractual Relationships and the necessary measures and procedures to address any expected damages, in order to eliminate or minimize any risks to the maximum extent possible.

We hereby specify in details, some of the topics covered by this course in terms of financial, legal, economic, & contractual risks, and the necessary measures to eliminate all of those damages.

Objectives and target group

The British Academy for Training and Development offers this course to the following categories:

  • Managers and Directors of Companies and Enterprises.
  • Personnel in charge of Law Departments in business and commercial firms.
  • Directors of Legal Departments and Legal Affairs in various companies and enterprises.
  • Law Officers.
  • Employees in the field of legal Management.
  • Students and graduates of faculties of law at various universities.

After completing the program, participants will be able to master the following topics:

  • Full knowledge of Legal & Contractual Risks, and the major provisions and procedures in an integrated legal form.
  • Full knowledge of all legal branches in practical and scientific terms.
  • Acquire advanced experience in Legal Formulation of Contracts and Administrative Resolutions.
  • Full knowledge of Legal Formulation of Employment Contracts.
  • Understanding the    significant    role    of    proper    and    accurate determination of contract specifications, throughout the procurement cycle.
  • To assess the legal importance of contract specifications, besides the strategic significance of the "Invitation to tenders" process.

- The most significant risks to institutions:

Legal risks:
Risks that contracts are documented incorrectly, or to be legalized in a manner that is not legally consistent with enforceable laws in the relevant jurisdictions.
 
Liquidity risks:
The risk of loss resulting from changes in the Bank's ability to sell or dispose of the asset.

Operational risks:
The risk of direct or indirect losses resulting from inadequate internal processes, persons, systems or external events.

Price Risk:
Risk of loss resulting from adverse changes in market prices, including interest rates, Foreign exchange rates, Equity, and commodity prices and any other market price fluctuations.

Regulatory risks:
The risk of loss resulting from failure to comply with regulatory or legal requirements in the relevant jurisdictions where the Establishment operates.

Course Content

1st Element: Economic Risks arising from contractual Terms & Conditions

  • Foundations of Economic Risk Management.
  • Stages of Risk Management Process and the procedures to address such risks and the appropriate methods of treatment.
  • Evaluation, review & implementation of plans.

Constraints and Disadvantages:

  • Methods of applying Financial Risk Management, and measures of contractual Terms.
  • Methods to deal with contract Financial Damages.

2nd Element: Legal or Contractual Liability:

  • Contractual violations by contracting parties.
  • Contractual responsibility of defects committed by any of the contracting parties in their personal capacities.
  • Commitment to achieving the contract objective.
  • Commitment to exert reasonable due diligence by all contracting parties.
  • Intentional Defect, Fraud, or goodwill.
  • Unintentional defect not associated with bad faith.
  • Conditions of Contractor's liability for third parties if agreed in advance.
  • Physical, Potential and Actual Damages.
  • Causal relationship between actions or causes and the results of damage.
  • Contract Liability Agreements and compliance thereof.

3rd Element: Reduction of Legal Damages:

  • Predictable damages in domestic legal systems.
  • Legal rules and regulations in European contract systems.
  • The principle of comprehensive compensation.
  • Cases and Sources of compensation.
  • Commitment to mitigate damages.
  • Mitigation commitment in the Local enforceable laws.
  • Different systems in Roman law.
  • Assumption of goodwill in contracts.
  • The responsibility to prove due diligence to minimize damages.
  • Methods of compliance.
  • Penalty for mitigation.

4th Element: Dispute Resolution Methods

  • Different types of specifications and the related risks.
  • The impact of language on the meanings of contractual articles and legal conditions.
  • The concepts and significant role of law in societies.
  • Extensive study of legal sciences.
  • Contract preparation and conclusion skills.
  • Negotiation and Dispute Resolution skills.
  • Persuasion & Negotiation skills.
  • Definition of Dispute Resolution.
  • Specialized courts.

5th Element: Dispute Settlement Structure through mediation

  • Definition & Concepts of Mediation.
  • Mediation and the measures & justifications thereof.
  • Justifications of Legal Mediation & Arbitration.
  • Various approaches and methods of Mediation.
  • Appropriate & Inappropriate Disputes for Mediation.
  • Stages of Mediation Process.
  • Types & Methods of Negotiation during mediation proceedings.
  • Communication methods and channels.

6th Element: Dispute Settlement Structure through Arbitration

  • Methods to settle disputes arising from the claims.
  • Customs and Governance.
  • Recourse to the judiciary.
  • Foundations of conciliation.
  • Rules of amicable settlement.
  • Stages of amicable settlement.
  • The concepts of International Commercial Arbitration.
  • Arbitration in Engineering Disputes.
  • Parties and Partners of arbitration process.

Course Date

2019-11-11

2020-02-10

2020-05-11

2020-08-10

Course Cost

Note / Price varies according to the selected city

Members NO. : 1
£3300 / Member

Members NO. : 2 - 3
£2640 / Member

Members NO. : + 3
£2145 / Member

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