Contractual Risks

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.