Private: Claims and Counter Claims Management

An Intensive 5-day Training Course

Private: Claims and Counter Claims Management

  • Format:
  • Duration: 5 days
  • Language: English
  • Accredited: CPE, KHDA Certified training courses
Private: Claims and Counter Claims Management
INTRODUCTION

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 programme will look at how claims (and counter claims) arise; 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.

Once a dispute starts, it can usually be solved most effectively by negotiation between the parties. However, if this does not prove effective, some sort of third party intervention is required.

Traditionally, this has tended to focus on either involving state courts (litigation) or the equivalent private method of getting a third party to make a decision (arbitration). However, there are now many more techniques available in the international market, including expert determination, mini-arbitration, pendulum arbitration, adjudication, and other techniques whereby a third party decides the matter for the parties. In addition, there are also mediation, conciliation, hybrid solutions such as Arb/Med, where a third party facilitates the settlement by the parties themselves, rather than imposing a decision. Many of these techniques rely on looking at the parties’ interests, rather than their strict legal rights.

All of these processes, and indeed, claims and counterclaims generally, become more complicated when placed in an international context. This is particularly the case where a foreign law and/or legal system is involved, with which you may not be familiar, and which may include rules which conflict with those of your own country.

The programme will deal with commercial disputes arising from Contracts written in the English language, but will use techniques which have wide application to the resolution of disputes.

TRAINING 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 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

WHO SHOULD ATTEND?
  • Contracts analysis
  •  Contract engineers
  • Cost/planning engineers
  • Individuals involved in tendering/contracting functions
  • Project Managers
  • Contract Administrators
  • Contracting Unit Supervisors
  • Claims Managers and Business Audit Officers
  • Contract Strategists
  • General Managers involved in contract negotiation and disputes
  • Commercial Managers
  • Legal Department staff looking for new techniques and an international approach
  • Anyone involved in the strategy and management of disputes
Training methodology
TRAINING METHODOLOGY

Training will involve a high level of interaction and delegate participation. The intention is that the trainer will explain issues using real examples, many from the trainer’s personal experience, but will then involve the delegates in discussion, using the information provided. There will also be role play sessions on negotiating, where delegates will work as teams to seek to agree disputes in realistic scenarios.

Delegates are encouraged to bring real problem examples with them, for discussion on a confidential basis, and to share their experience of particular issues in their company or industry. Time will be allowed for general discussions, and for one-to-one discussion with the trainer.

ACCREDITATION

EuroMaTech is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.NASBARegistry.org.

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