Contractual Risk , Insurance and Indemnities

Code Date City Fees Register
IR002 April 14, 2024 - April 18, 2024 Bangkok $ 5000

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IR002 July 21, 2024 - July 25, 2024 Berlin $ 5000

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IR002 October 13, 2024 - October 17, 2024 Online $ 1500

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IR002 January 19, 2025 - January 23, 2025 Dubai – UAE $ 5000

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Objectives

  • A more in depth understanding of the elements of a contract
  • How to analyse complex contact documents, and understand the inter-relationship between clauses
  • How to develop effective indemnity regimes
  • Appropriate type and form of indemnities in different contracts
  • How to use indemnities to manage risks
  • The limitations of indemnity clauses
  • How to link indemnity and insurance arrangements
  • What types of insurance are available in a contracting context
  • How to develop insurance clauses
  • The latest thinking in dispute resolution techniques

The Delegates

  • Engineering
  • Projects
  • Construction
  • Tenders
  • Contracts
  • Legal
  • Insurance
  • Risk Management
  • Buying
  • Purchasing

The Contents

  • Commercial Risk And Mitigation Through The Contract
  • The need for contracts
  • Identifying risk
  • Risk mitigation or impact mitigation?
  • Incoterms
  • Intellectual property
  • Types and nature of contracts
  • Definition of terminology i.e. Conditions of contract & terms of contract etc.
  • Different legal systems – how to look for common practices but understand the differences
  • How And Why Contracts Are Drafted
  • Why we use contracts
  • Formation of a Contract
  • Oral or written?
  • The key elements of a contract
  • Terms and Conditions of contract
  • Liquidated damages/penalties
  • Limits of liability
  • Suspension and termination
  • Acceptance and Certificates
  • Guarantee/Warranty/Maintenance
  • Agency issues
  • The basic structure of a contract
  • Incorporating documents by reference
  • Standard Forms
  • Incorporating tender documents
  • Letters of Intent or Award
  • Letters of Comfort or Awareness
  • Side Letters
  • Bank bonds and Guarantees
  • Parent Company Guarantees
  • Insurance :
  • The purpose of insurance
  • What insurance covers, and what it does not
  • Limits on cover
  • Duty to disclose information
  • Meaning of “All Risks”
  • Relationship with risk management
  • Types of insurance used in contract clauses
  • Workmen’s compensation/employers’ liability
  • Third party/liability insurance
  • Property damage
  • Professional indemnity/errors and omissions
  • Construction All Risks
  • Motor and aviation
  • Marine insurance
  • Hull and machinery
  • Protection and indemnity (“P&I Clubs”)
  • Other relevant insurances
  • Pollution
  • Goods in transit
  • Business interruption
  • Unfair calling cover (bonds and guarantees)
  • Export credit insurance
  • Insurance for projects
  • Who arranges?
  • For whose benefit?
  • Extension to subcontractors .
  • Terms – involving contractors
  • Indemnities  :
  • Meaning of indemnities
  • Making indemnities work – irrespective of negligence or breach of duty .
  • Link with insurance
  • Cross indemnities
  • Personnel
  • Property
  • Catastrophe risks
  • Value of covenant
  • Issues with indemnities under Civil Law system
  • Third parties
  • Liability in negligence – relationship with contract conditions
  • Claims handling
  • Managing claims under project policies
  • Making timely claims
  • Information
  • Involving insurers
  • Resolving disputes
  • Self insurance
  • Resolving Dispute :
  • Negotiation
  • Staged Dispute Resolution clauses
  • Litigation
  • Arbitration
  • Enforcement of Judgments and Awards
  • New best practices in dispute resolution
  • Mediation
  • Conciliation
  • Early Neutral Evaluation
  • Expert determination
  • Pendulum Arbitration
  • Course summary.

The Discount

10% in case of Three P. (or more)

2024-04-25T03:50:05+00:00