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 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. 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.

By the end of the program, participants will be able to:

  • 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

How and Why Contracts are drafted?

  • Why we use contracts
  • Formation of a Contract
  • The key elements of a contract
  • Oral or written?
  • Electronic contracts
  • Terms and Conditions of contract
  • Agency issues
  • The basic structure of a contract
  • Incorporating documents by reference
  • Standard Forms - International and Company
  • Form of Agreement
  • Precedence of documents – Special Conditions

Main Contract Clauses

  • Obligation to deliver/perform
  • Rework/re-performance
  • Risk of Damage
  • Title
  • Compliance with law/change of law
  • Indemnities
  • Insurance
  • Third parties
  • Liability in negligence – relationship with contract conditions
  • Variations and changes
  • Product liability and defective goods - rejection of goods
  • Intellectual property
  • Taxation
  • Suspension and termination
  • Acceptance and Certificates
  • Payment
  • Liquidated damages/penalties
  • Limits of liability
  • Guarantee/Warranty/Maintenance
  • Which law to apply in international contracts?

Other Documents

Incorporating tender documents

  • Letters of Intent or Award
  • Letters of Comfort or Awareness
  • Side Letters, Bank bonds and Guarantees
  • Parent Company Guarantees
  • Writing Contracts

Clarity of language

  • Legal terms
  • Definitions
  • Translation
  • Resolving conflict with a document or between sections

Negotiation and Resolution of Disputes

  • Contract negotiation
  • Dispute Resolution clauses
  • Unequal bargaining positions
  • Negotiation, compromise and settlement
  • Litigation
  • Arbitration
  • Alternative methods of resolving disputes

Contracts, Purchasing, and Project Personnel, Engineering, Operational, and Maintenance Personnel, Project and Contracts Management Professionals, Tendering, Purchasing, Contract Administration Professionals and Personnel, Engineering, Operational, Finance, Maintenance Professionals, Managers and executives in the procurement, finance, legal, risk and supplier relations department, Business Managers, Commercial staff, Project Engineers, Procurement staff, Legal staff, Contracts analysts & Officers, Contract Leaders & Engineers, Cost & Planning Engineers, Contract Administrators, Contracting Unit Supervisors, Claims Managers and Business Audit Officers, Contract Strategists, Project Managers, General Managers involved in contract negotiation and disputes, Commercial Managers, Buyers, Purchasing Managers, Tenders Managers, Supply Chain Managers & Executives, Procurement Managers & Personnel, Construction Managers, those involved in the planning, evaluation, preparation and management of tenders, awards and contract performance that cover the acquisition of materials, equipment and services.

Course Schedules

  • 5 Days - Aug 9, 2026
  • english
  • face to face
  • Bahrain
  • $ 4,500
Register Now
  • 5 Days - Dec 14, 2026
  • english
  • face to face
  • London - UK
  • $ 5,950
Register Now