1st GPF Executive Workshop on Excellence in Negotiating & Managing Contracts, Nov 9-10 2017, Novotel Singapore Clarke Quay
1st GPF Executive Workshop on Excellence in Negotiating & Managing Contracts, Nov 9-10 2017 Singapore
Dear colleagues
Executive Workshop on Excellence in Negotiating & Managing Contracts,
About the Course
This 2-day executive workshop explores the legalities of contract and contractual obligations from the perspectives of a contract manager. This overview and understanding of the operations of Contract Law will therefore better enable persons employed in the role of contract managers to fulfill their responsibilities in an effective way.
This executive workshop is designed to provide those responsible for drafting and/or negotiating and managing the contracts process, how to write effective contract provisions schedules so they result in commercial success, and how to plan and execute negotiations.
Contract drafting and negotiating is becoming one of the core activities of management. Furthermore, in today’s increasingly cost conscious environment where every dollar must be justified, effecting robust contracts is even more critical. No longer are only contract specialists involved in the contract process, professionals of all disciplines have a vital role to play in the development of successful contracts and their negotiation. This hands-on training course will deliver the key frameworks for planning, drafting, and negotiating contracts.
Who Should Attend
Contract managers,
Facility Managers
Tender & Procurement Managers
Infrastructure finance professionals,
Business Account Managers and IT professionals.
Course Outline
Day 1 – Morning session
- An Effective Contract Manager’s Essential Negotiation skills
- The
- Clarifying objectives & goals
- Bargaining tools
- Compromising without losing out
- PIOC Harvard Techniques
- Harvard Negotiation Project
- Breakthrough Strategies in Difficult Negotiations
- Tips for a Successful Negotiation
Coffee break
- Successful Contract Administration
– Sharing Tips and Best practices
– Doing Things Right the first time
– Building blocks of company organization
– Not ignoring business awareness and ethics
– Case-study: The Unfair Advantage case
– The Pentagon objective for efficient administration techniques
- Roles and Responsibilities of a Contract Manager
- Drafting skills
- formalities, structure and format
- drafting with or without precedents
- Commencing the contractual process
- Relationship building
- Setting Targets, timelines and periodic review
- Defining expectations
- Project Manager – Outsourcing contracts
- Role definition and responsibilities
Lunch
Day 1 – Afternoon Session
- Features of Contract Management
- Contract Management Process
- Contract Administration
- Negotiating and Managing Performance through Service Level Agreements
- identify issues to be managed
- establish an effective team
- lists of services and deliverables expected
- importance of having a well constructed SLA
- evaluating and managing contractor performance
- developing, implementing and measuring Key Performance
- Indicators to monitor the quality of service
- drive business value to meet company’s goals
- Statement of Works
- Change Orders
- Outsourcing Contracts
- checklists for IT Outsourcing contracts
- services to be performed by vendor
- charges e.g. GST
- hardware and soft ware
- project managers
- employees to be taken by the Vendor
- warranties e.g. performance standards
- backup and disaster recovery
- exclusion of liabilities
- turn-back services
- indemnity
- confidentiality
- force majeure
- waiver
- assignment
- entire agreement
- governing law
- Intellectual Property management Issues
- patents
- trademarks and service marks
- confidentiality clauses
- copyrights, industrial designs
Afternoon Tea break
- Enforceability – Is the contract enforceable?
- Offer & Acceptance
- invitation to treat e.g. auction and tenders
- electronic formation of contract e.g. e-offer or e-acceptance
- The Enforcement of Bargains
- consideration
- the requirement of a benefit/detriment in a contract
- rules of consideration in drafting innovative contracts
- Intention to Create Legal Relations
- Capacity to contract
- minors
- companies
- mentally ill persons
- The Contracts (Rights of Third Parties) Act
Day 2 – Morning Session
- The Contents of Contract – how to manage?
- Standard form contracts
- Conditions and Warranties
- Complex Terms
- The Suisse Atlantique case
- Identifying fundamental terms and minor terms
- Recognising the practical significance of this distinction as remedies vary
- Express & Implied Terms
- Parol Evidence Rule
- Unconscionable bargains and unreasonable terms of contract
- The incorporation of terms
- implication by custom
- implication by fact
- implication by law
- Interpretation of Terms
- from literal to contextual interpretation
- inadmissible evidence
- Exclusion Clauses
- contra proferentum rule
- Exceptions of negligence liability under the Unfair Contract Terms Act
- The enforcement mechanism under Statutory restrictions
Morning Coffee Break
- Managing Contract Performance
- Variations to the existing contract – Negotiating variations and potential legal pitfalls
- Extensions and renewals – effective use of extension and renewal clauses – best practices with regard to notices
- Completion of works and original expectations – reviewing contract specifications and matching with performance
- Withdrawing from the contract – understanding the legalities of wrongful withdrawal
- Termination and post-termination actions
The Effective Use of Service Level Agreements
- Measuring performance levels
- Key performance Indicators
- SLA and the substantive Outsourcing Contract between the parties
- Penalties, Charges, Earn back points and Invoice Adjustments
Lunch
Day 2 – Afternoon Session
- Vitiating Factors in a Contract
- Mistake
- non est factum
- fundamental mistake about contractual document
- Misrepresentation
- identifying representations from terms of contract
- identifying actionable statements and omissions
- silence (non-disclosure) to constitute misrepresentation
- the three types of fraudulent, negligent and innocent misrepresentation
- consequences of misrepresentation
- remedies available
- what is rescission?
- damages under Misrepresentation Act
- restitution, indemnity and damages at Common Law
- Duress to person and property
- illegitimate pressure
- voidable contracts
- Undue Influence
- voidable contracts
- Illegality
- presumption
- void contracts at common law
- contract in restraint of trades
- illegal contracts
9.Termination of contracts
- Discharge of contracts
- by performance,
- by agreement
- by frustration
– effects of frustration under Frustrated Contracts Act
– money paid or payable
– legal impossibility
– physical impossibility
– impossibility of purpose - by repudiatory breach
10.Construction of the Contract
- express provision
- hardship clauses or intervener clauses
- force majeure clause
11.Remedies for the Breach of contract
- Assessment of damages – the compensatory aim
- Obtaining injunctions
- Liquidated damages
- Penalty clauses
- Remoteness of damage under the rule in Hadley v Baxendale
- Mitigation of damages
- Specific performance
- Quantum Meruit (for the work done)
12.Enforcement Methods
- Identifying and evaluating the various strategies in dispute resolution
- Litigation, arbitration and mediation, mini-trials
- Ways to structure efficient dispute resolution clause
Afternoon Tea Break
- Contract Review and Meetings
- Identifying performance issues
- Constructing an Agenda for a meeting
- Setting out specific roles for participants in the meeting
- Anticipating the positions and expectations of the other party
- Managing the meeting process
- Managing Contract Documentation
- files and records
- defensive record keeping for evidential purposes
- version controls and software
- document sharing and security
About the Course Director
Catherine Tay Swee Kian has over 35 years of experience lecturing business and contract law as Associate Professor at the National University of Singapore (NUS), Department of Strategy and Policy, NUS Business School. She is currently lecturing in Industrial Relations and Labour laws at the Ong Teng Cheong Institute of Labour Studies for over 11 years. She was a Visiting Consultant and adjunct lecturer at the Institute of System Science, NUS for over 16 years lecturing IT outsourcing contracts, intellectual property and contract law. She has lectured and facilitated at many seminars, workshops and customised courses for many companies, organisations, hospitals and institutes of higher learning both in Singapore, Malaysia, Thailand and overseas in topics including contract law management and contract administration.
She is an Advocate and Solicitor of the Supreme Court of Singapore. She is also a barrister-at-law (of Lincoln’s Inn, United Kingdom). She was Associate Director of the law firm Bernard & Rada Law Corp.
She was a committee member of the editorial board of the Singapore Accountant Journal, Journal of the Institute of Certified Public Accountants of Singapore and the (United Kingdom) The Company Lawyer. She was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime. She was a member of the editorial board of the “Singapore Polytechnic Graduate Guild Journal”. She is currently the Chief Editor of Management Development Institute of Singapore Journal.
She has presented several papers at many conferences and seminars on Business Law, Company and Insolvency Laws both overseas and in Singapore. She conducts in-house training courses for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations including Keppel Shipyard, IBM, Singapore Power; SingTel Mobile Singapore Pte Ltd; ST Logistics; Changi Airports International; PetroChina International (Singapore) Pte. Ltd; Frasers & Neave Centrepoint; Dentsu Singapore Pte Ltd; Bismark, Indonesia; Singex – Singapore Expo; HSBC Bank; Solar Energy Research Institute of Singapore (SERIS); College of Insurance, Singapore; Social Service Institute; HDB.
She graduated from the Queen Mary College, University of London with a Bachelor of Laws (Honours) degree in 1977 and a Master of Laws degree in 1979, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws. She was called to the English Bar by Lincoln’s Inn in 1978. She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson. She won the Aw Boon Haw and Aw Boon Par Memorial Prize for the overall best student in 1980 during her postgraduate practical law course in Singapore. She was called to the Singapore Bar in 1980.
She is an author of several law books, which include:
Company Formation Practice Manual (1983, Malayan Law Journal)
Bankruptcy – The Law & Practice (1984, Butterworths)
Judicial Management (1987, Malayan Law Journal)
A Law Handbook for Businessmen (1990, Print & Publish)
Directors’ Duties & Liabilities including Insider Trading (1985, Times Books International) ;
Contract Law including E-Commerce Law (1987, Times Books International)
How to Collect Your Debts? – A Guide to Bankruptcy Law (1994, SNP Publishers Pte Ltd)
Copyright and The Protection of Designs (1997, SNP Publishers Pte Ltd)
A Guide to Protecting Your Ideas, Inventions, Trade Marks & Products (1997, Times Books International)
Resolving Disputes by Arbitration (1998, Singapore University Press)
E-Commerce Law (2000, Times Books International)
Know Your Rights – Employment Law (2002, Times Books International)
Infectious Diseases Law & SARS (2003, Times Books International)
Slim Chance Fat Hope (2004, World Scientific Publishing)
Costs:
On or Before 9 Sep 2017: The ‘Early Bird’ Rate is SGD2895 – Save SGD600!
Special Offer! – 3 Delegates For The Price of 2 in This Category! Save SGD2895!
- From 10 Sep 2017: The Regular Rate is SGD3495
Special Offer! – 3 Delegates For The Price of 2 in This Category! Save SGD3495!
Note: All fees stated include luncheons, refreshments and complete set of documentation. It does not include the cost of accommodation and travel.
REGISTER NOW!
To register, please submit the following details to thomasng@globalportsforum.com:
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Billing information:
For cheque payments: To be made payable to ‘Global Ports Forum Pte. Ltd.’ Please do not send post-dated cheque.
For telegraphic transfers:
Account Name: Global Ports Forum Pte. Ltd.,
Account No. : 695 477 141 001.
Beneficiary Bank: Oversea-Chinese Banking Corporation Limited, Singapore. (Swift: OCBCSGSG),
Address : 65 Chulia Street #01-00, OCBC Centre, Singapore 049513.
Please supply confirmation via email of the TT from your bank. Transmitting bank charges must be paid by sender. Please quote both delegate and company name as reference.
Kindly note that as we are providing a special rate for ‘early bird’ sign up, we will need to receive your company payment by 9 Sep 2017 to enjoy the discount.
Details of GPF executive workshops/forums in the upcoming few months include:
- Global Ports Forum announces the Launch of the Certified Global Port Manager (CGPM) Program.
globalportsforum.com/certified-global-port-manager-cgpm/
- GPF Executive Workshop on Excellence in Negotiating & Managing Contracts, August 12-13, 2017 Singapore
- 2nd GPF Executive Workshop on Bulk Liquid Terminals, Commercial Considerations for Investment & Financing, Aug 14-15 2017, Singapore
- GPF Executive Workshop on Bulk Liquid Terminals – A Comprehensive Overview for potential Investors, Sep 4-5, 2017, Singapore
globalportsforum.com/forthcoming-gpf-executive-programmes/16008-2/
- 3rd GPF Executive Workshop on Investment Strategies for Green / Brown Field Port Projects, Sep 5-6, 2017, Miami, USA
- 5th GPF Executive Workshop on Ports Financing and Investing, 7-8 Sep 2017, Miami, USA
- 2nd GPF Executive Workshop on Use of Technology for Ports and Terminals, September 7-8, 2017 Singapore
- Miami to Host the 3rd Global Ports Forum, 7-8 Sep 2017, Miami, USA. Superb Content, Excellent Networking & Trusted GPF Platform. Register Today!
- 2nd GPF Executive Workshop on Use of Technology for Ports and Terminals, September 7-8, 2017 Singapore
- GPF Executive Workshop on Excellence in Managing Tenancies / Leases – Landlord and Tenant Obligations in Business Tenancies, Sep 9-10, 2017 Singapore
- 2nd GPF Executive Workshop on Reefer Container Logistics, Sep 14-15, 2017, Singapore
- 2nd GPF Executive Program on Global Ports Management, 17 Sep to 21 Sep 2017, Dubai, United Arab Emirates
- 2nd GPF Executive Workshop on Reefer Container Logistics, Sep 17-18, 2017, Dubai, United Arab Emirates
- 3rd Executive Workshop on Multi-Purpose Terminal Business & Operations, Sep 19-20, 2017, Dubai, UAE
globalportsforum.com/forthcoming-gpf-executive-programmes/15711-2/
- GPF Executive Workshop on Use of Automated Guided Vehicles and drones in Ports and Terminals, Sep 23-24, 2017 Dubai, UAE
- GPF Executive Workshop on Dredging Techniques and Construction Management for Ports & Terminals, 23-24 Sep 17, Dubai, UAE
- 3rd GPF Executive Workshop on Investment Strategies for Green / Brown Field Port Projects, Sep 23-24, 2017, Dubai, UAE
- GPF Executive Workshop on Bulk Liquid Terminals – A Comprehensive Overview for potential Investors in Bulk Liquid Terminals, Sep 23-24, 2017, Dubai, UAE
- 2nd GPF Executive Workshop on Advanced Shipping Business, Sep 23-24, 2017, Dubai, United Arab Emirates
- 2nd Executive Workshop on Effective Concession Agreements for Ports & Terminals, September 25-26, 2017 Dubai
- 6th GPF Executive Workshop on Ports Financing and Investing, 30 Sep – 1 Oct 2017, Singapore
- 2nd GPF Executive Program on Global Ports Advanced Management, 02 October to 11 October 2017 + Port visits 3 days 12-14 October 2017, Singapore
- 2nd GPF Executive Program on Global Ports Management, 2-6 October 2017, Singapore
globalportsforum.com/forthcoming-gpf-executive-programmes/15782-2/
- GPF Executive Program on Achieving Excellence in Winning Deals & Effective Sales Management – Proven Techniques & Insights for Ports & Terminals, Oct 2-6 2017, Singapore
- 3rd GPF Executive Workshop on Investment Strategies for Green / Brown Field Port Projects, Oct 10-11, 2017, Singapore
- GPF Executive Workshop on Coal Terminals Supply Chain Developments, Trends and Operations, October 12-13, 2017 Singapore
globalportsforum.com/forthcoming-gpf-executive-programmes/15378-2/
- GPF Executive Workshop on Excel in Developing, Implementing & Managing Service Level Agreements, October 21-22, 2017, Singapore
- GPF Executive Workshop on Cybersecurity for Ports & Terminals, October 16-17, 2017, Singapore
- Singapore to host the 4th Global Ports Forum, 25-26 Oct 2017, Singapore. Superb Content, Excellent Networking & Trusted GPF Platform. Register Today!
globalportsforum.com/forthcoming-gpf-executive-programmes/global-ports-forum-2016/
- 3rd Executive Workshop on InterModal Solutions – Value Creation, USP identification & Market Positioning for Ports & Terminals, October 27-28, 2017 Singapore
- GPF Executive Workshop on Excellence in Public-Private Partnership Infrastructure Contracts for Non-Legal Professionals – Practical Understanding of Legal and Common Commercial Clauses, Oct 28-29, 2017, Singapore
- GPF Executive Workshop on Excellence in Negotiating & Managing Contracts, Nov 9-10 2017 Singapore
- 3rd GPF Executive Workshop on Strategic Planning for Ports & Terminals, 28-29 Nov 17, Singapore.
- Dubai to host the 5th Global Ports Forum from 20-21 February 2018. Superb Content, Excellent Networking & Trusted GPF Platform. Register Today!
globalportsforum.com/5th-gpf-dubai-21-22-feb-18/
- Nominations extends to 22 July 2017 – 2018 Global Ports Forum Awards, 22 Feb 2018, Dubai, United Arabs Emirates
globalportsforum.com/nominations-open-2018-global-ports-forum-awards-2222018/
Looking forward to welcoming you at the executive workshops/forums!
Kind regards
Thomas Ng
Chairman
The Global Ports Forum
GLOBAL PORTS FORUM PTE. LTD.
10 Anson Road
#26-04
International Plaza
Singapore 079903
Website: www.globalportsforum.com/
Mobile: +65 9684 3289
DID: +65 65197662
Fax: +65 6725 8438
Email: thomasng@globalportsforum.com
Terms & Conditions:
No delegate registration will be accepted without completing registration details and full payment.
Upon receipt of your registration details and full payment, further programme information will be emailed to you including your proforma invoice and, if required, a letter of invitation for entry visa application.
Delegates will not be admitted unless payment has been received in Full.
Flights, Airport Transfers and Accommodation are not included in your delegate registration fee.
Refund Policy – a reimbursement of the registration fee, minus administrative charges will only be made if the participant has notified Global Ports Forum Pte. Ltd. in writing that he/she is unable to attend the event no less than 45 days prior to the commencement of the event. No cancellation is allowed after that, but a replacement with another participant is allowed.
This programme is subject to change without notice, E&O.E.