The likelihood of disputes arising in the Public Contracts is high due to the various types of contractual relationships that exist. Further the parties in a dispute need to have the necessary knowledge and skills to firstly avoid where possible the disputes and alternatively to manage the whole dispute resolution process in an efficient and effective manner.

This Public Contract Dispute Resolution training course provides in-depth information on the types of disputes that can arise and the several available methods of dispute resolution, which can be consensual, adjudicative or hybrid. The course further assists the participants to obtain effective skills in dispute management and conflict avoidance. Managing disputes using the most cost effective and efficient methods available would be a primary goal of the training during this course.

This training course is designed to be highly practical and includes hands-on workshop sessions and a mock dispute demonstration. This training course focuses on the available institutional rules or the ad hoc procedures and the implications this choice may have on the outcome of the dispute. Taking into account cultural considerations specific to each dispute, the course provides training on the choice of law, seat and venue for the arbitration.

This GLOMACS training course will highlight:

• The fundamental types of disputes in the public contracts
• The different methods of dispute resolution available
• Preference for arbitration over litigation
• Dispute resolution clauses in various public contracts
• Conciliation, mediation and settlement of disputes
• Enforcement proceedings

At the end of this Public Contract Dispute Resolution training course, you will:

• Comprehensively understand the different types of dispute resolution methods
• Understand the main dispute resolution clauses in public contracts
• Know the available mechanisms to resolving public contracts
• Be aware of the approaches to conflict, management, avoidance, and settlement
• Be able to assess and apply the best means to resolve disputes in different potential scenarios

This training course will utilize a variety of proven learning techniques to ensure maximum understanding, comprehension, retention of the information presented.

The organisation will benefit by:

• Having personnel who will be well versed in dispute resolution mechanisms
• Reducing the risks of losing a litigated case by using alternative dispute resolution methods
• Saving costs where possible in managing and resolving disputes
• Minimising management time used to handle disputes
• Gaining a management team with an advantage over adversaries by having the best- informed team with all the necessary skill sets to deal international disputes

Attendees will gain by participation in this training course as a result of:

• Obtaining a full understanding of public resolution methods
• Leaning how to avoid disputes before they become litigious
• Anticipating potential claims and disputes and finding solutions to issues being raised prior to it becoming full blown disputes
• Obtaining a working knowledge of the different public arbitration institutions
• Knowing the benefits of ADR in resolving disputes

This Public Contract Dispute Resolution training course will benefit all levels of personnel involved in resolution Public Contracts. It will enable a broad range of disciplines to appreciate and understand the complexities of conflict resolution in particular in the Public Contracts, and how best to manage disputes in the Public Contracts.

This GLOMACS training course is appropriate to a wide range of professionals but will greatly benefit:

• Legal Managers, Legal Counsel
• Commercial and Business Managers
• Contracts Administrators, and Managers
• Commercial, Financial and Insurance Professionals
• Project and General Management

DAY 1

Introduction to Public Contract Disputes

• Overview of types of disputes in the public sector
• Preference for arbitration to litigation
  • Neutrality of process
  • Party autonomy
  • Cost effectiveness and speed
  • Enforceability of the award
  • Confidentiality of proceedings

• Arbitral Institutions
  • International Chamber of Commerce (ICC) International Court of Arbitration
  • The London Court of International Arbitration (LCIA)
  • The American Arbitration Association’s International Center for Dispute Resolution (AAA) / ICDR
• Ad Hoc Arbitration
  • Arbitration under UNCITRAL Rules

DAY 2

Dispute Resolution and Arbitration Clauses in Contracts

• Dispute resolution clause in:
  • Acquisition contracts
  • Joint operating agreements
  • Service agreements
  • Charter party
  • Analysis of various clauses

DAY 3

Applicable Law and Dispute Resolution

• Legal framework for arbitration
  • Arbitration agreement or clause
  • Arbitration conventions and investment treaties
  • Arbitration procedural rules
  • National laws
  • National courts
• Multilateral and bilateral treaties
  • proper law of contract
• Legal position of conciliation and mediation
  • Law of arbitration
  • Procedure of arbitration
  • Curial law of the venue of arbitration

DAY 4

Various Modes of Dispute Resolution

• Expert determination
• Mediation
• Conciliation
• Arbitration
• Ad-hoc and institutional arbitration
• Venue of arbitration
• Enforcement of award
• Sovereign immunity and other problems of suing foreign governments
• Benefits and challenges of mediation of public disputes over arbitration
• Understanding implied waiver of sovereign immunity
• Mock arbitration & mediation

DAY 5

Limitations of Arbitration, Strategy, Tactics and Enforcement

• Limitations of international arbitration
  • Costs of arbitration
  • Limited power of the arbitrators
  • The difficulty of bringing three or more parties before the same arbitral tribunal
  • Delay due to the difficulty of communication and language and inconsistency
  • Fees and expenses of arbitrators
  • Substantial expenses depending on the weight of the dispute in question
• Litigation and arbitration: strategy, tactics, and enforcement
  • Appointment of an arbitrator
  • Appointment of legal counsel
  • Making of claim and counter claim
  • Disclosure of documents
  • Witnesses and cross – examination
• Enforcement proceedings
  • Identifying assets
  • Enforcement methods
  • Treaties
  • Local laws relating to enforcement
  • Problems in multiparty disputes
• Public policy on enforcement of awards
• Settlement of disputes
  • When to consider settlement
  • Commencing negotiation
  • Documentation of settlement
  • Full and final settlement

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All rights reserved. Any unauthorized copying, distribution, use, dissemination, downloading, storing (in any medium), transmission, reproduction or reliance in whole or any part of this course outline is prohibited and will constitute an infringement of copyright.

P.O. Box 74653, Dubai, United Arab Emirates
Tel : +971 - 04 - 425 0700, Fax : +971 (04) 425 0701, Email : info@glomacs.com