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Public Contract Dispute Resolution

Introduction

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.


Course Objectives

  • 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


Target Audience

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


Course Outline

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