Who should attend
Junior and Mid Level Managers/Executives
About the course
The MDP Contract Management and Arbitration intends to provide the participants a comprehensive understanding on the legal issues in commercial transactions with specific focus on contractual issues and commercial dispute resolution. The Programme shall address different types and facets of contracts and the rights, obligations and implications on business operations. The course shall legal issues in contracts, contract with governments, breach of contract, special contracts, tender and procurement, project finance contracts, legal issues involving infrastructure companies and cyber contracts. In addition, the dispute management techniques such as Adjudication, Arbitration and Alternative Dispute Resolution the understanding of which are imperative for today’s managers, are discussed. Having a reasonable understanding of the contract law and dispute resolution methods, which are foundation to all legal transactions, will help the managers/executives in designing the strategies for competitive advantage.
More specifically, the Programme objectives are to:
- Provide basic understating of the legal aspects of business;
- Provide a foundation of commercial contracts management, managing legal risk associated with breach of contracts;
- Address legal issues in tender and procurement, project financing, infrastructure contracts, and e-contracts, etc;
- Provide a comprehensive understanding the commercial dispute settlement techniques such as adjudication, arbitration and alternative dispute resolutions
General Principles Contracts: Ingredients of a valid contract; Privity of Contract, exceptions; Breach of Contracts; Remedies for Breach of Contracts; Measure of damages; Liquidated damages and penalty, Quasi Contracts; Government contracts; Special Contracts Case-laws
Contracts: Tender and Procurement; Legal issues in inviting tenders; Bidding and evaluation procedures; Relevance of evaluation criteria, public Procurement; Bidding process involving pre-qualification, Request for Proposals, Bid evaluation system, Bid negotiation, case-laws on tendering
Project Finance Contracts: various forms of project contracts; Ring fencing, high leverage, non–recourse finance; BOLT, BOT Projects; Receivable financing, Securitization; Benefits to investors, Loan Syndication; Off-take Contracts, Take or Pay Contracts; Long-term Sales Contract, Throughput Contracts; Compensation for Additional Costs; Step-in Rights, Force Majeure, Termination; Ancillary Contracts, Construction Contracts; EPC/DPC Contracts; Infrastructure contracts.
Cyber Contracts: Contracts in the information technology era; Importance of E-Contracts; Digital Signatures and contract formation ; Assymetric key encryption, Digital signature certificates ; Legal issues involved in control of private key.
Arbitration and Alternative Dispute Resolution: Adjudication; Arbitration; Conciliation; Mediation; Lok Adalats; Arbitral Tribunals and Arbitral awards; Recourse against arbitral award; Enforcement of foreign awards; Investment Arbitration under BITS, ICSID, etc
Prof. V. K. Unni is a professor of public policy & management at the Indian Institute of Management Calcutta. Unni is a corporate lawyer by training, and did his Ph.D in Intellectual Property Law at Nalsar University of Law. Later he joined NALSAR University as a lecturer and assistant profes...
Prof. R. Rajesh Babu is Professor of Law at the Indian Institute of Management (IIM) Calcutta. A lawyer by training, he obtained his Ph.D. and M.Phil. in International Law from Jawaharlal Nehru University, New Delhi and an LL.M. from Cochin University. Before joining IIM Calcutta, Rajesh served a...
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