Location: Kuala Lumpur – Pullman Hotel
Date: From 21 Aug. Until 25 Aug. /2017/
Most important contracts are at a stage in which the parties negotiate their clauses and try to reconcile the conflicting interests of the consensual negotiators or accept compromises, all on the basis of mutual goodwill and sincere desire to reach an agreement. Negotiations also play a major role in the friendly settlements during the execution of the contracts and the resulting claims . Professor Freis, a professor of law at Columbia University, expressed the importance of negotiation by saying that the idea of negotiation or the principle of negotiation is the basis of the concept of English conception of any contract. This conception of the idea of negotiation defines the actions to be concluded by the discussions and discussions between the negotiating parties The agreements that will result from these discussions and discussions in terms of their accessibility and the extent to which the parties are responsible for their non-enforcement or that they are agreements of honor that entail no moral responsibility.
Negotiations may also be used as a friendly means of resolving disputes between parties to an existing contract. This program is based on the participants’ participation in the legal procedures and stages of the negotiations, as well as the obstacles that the negotiators may encounter, how to overcome them, the restrictions and guarantees of dispute resolution, For claims during contract execution, hands-on training,
• Provide participants with preparation skills for contractual negotiations.
• Guidance on how to enter and negotiate negotiations.
• Identify negotiation strategies and tactics.
• In-depth study of contracts concluded prior to entry into negotiations and paving the way for entry and organization.
• Studying all legal documents related to negotiation, its legal importance and the extent of its obligation.
• Familiarity, understanding and understanding of the obligations of the negotiating parties.
• To identify the most important legal obstacles that may go through negotiations and how to overcome them.
• Provide participants with knowledge of concepts related to international contracts and the problems they face.
• Introducing participants to the types of contemporary international model contracts.
The negotiation process
• General characteristics of negotiating contracts
• Negotiation process goals
• Initial proposal or invitation to negotiate Invitation To Negotiate
• Negotiation Stages
• Negotiate terms
Rules of negotiations prior to contracting
• Rules of public order and good faith as a general limitation on the parties at the negotiating stage
• The principle of good faith in the Vienna Convention of 1980 and the principles of UNIDROIT
• International agreements decide that trade habits should be observed
• The law applicable to liability at the negotiation stage
• Practical models of misconduct in negotiations
• Sanctions signed at the negotiation stage
Recommendations for the Stochastic Negotiation Stage
• Be careful about receiving wording from the other party.
• Preparing for the drafting process, and not using the previous contract forms automatically.
• clarity of formulation, and taking into account the exact meaning that achieves the goal.
• Determine the official or original language of the contract.
• Reserve for future prospects.
Technical and Legal Preparation of Negotiations
Planning and preparation for negotiation Planning and preparation for negotiation
• Define strategy and tactic of negotiations
• Negotiation skills
• Preparatory contracts for negotiations and letters of intent Letter of Intent
• Initial contracts relating to the contract to be entered in Initial Contracts
• Early Neutral Evaluation
Characteristics of International Contracts
• The role of governmental and non-governmental organizations in international contracts
• Model contracts and how to use them
• The legal rules governing international contracts and the problems they face
• INCO Terms
• FIDIC contracts