Date: February 10 -14, 2020
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.
Program Objectives:
• 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
Coverage:
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
Venue: Management Development Centre (MDC), IIM C Campus
Participant Fees: Residential (R): ₹ 85,000/- Non-Residential (NR): ₹ 10,000/- less than the Residential fee Taxes and surcharges extra, as applicable.
Contact Information:
CMDP Office
Management Development Centre (MDC)
Indian Institute of Management Calcutta, Diamond Harbour Road, Joka, Kolkata – 700 104
Phone: +91 33 7121 6000-01 (Extns: 6012/6005)
Email: program_mdp@iimcal.ac.in Weblink: https://www.iimcal.ac.in/mdp/mdp-calendar
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