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Title: Major issues in preparing Contract, Problems , International contracting, three Principal Legal System, Nature of contract and Contracting in digital age
Description: Major issues in preparing Contract, Problems , International contracting, three Principal Legal System, Nature of contract and Contracting in digital age
Description: Major issues in preparing Contract, Problems , International contracting, three Principal Legal System, Nature of contract and Contracting in digital age
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Major issues in preparing the
contract relate to:
What you want to obtain
What you want to avoid
The options you have to protect
yourself if things go wrong
What you want to include or exclude in the
contract
Which clauses to use
ITC
M8:U2:2
...
ITC
M8:U2:2
...
2-1
Action Point
Review a group of your past purchase contracts - I
What have you tried to obtain in the contracts
from your suppliers?
What have you tried to avoid?
ITC
Identify any trends that come out of your
review
...
2-3
What to include or exclude in the
contract
Trends towards outsourcing and new types of
relationships will influence the type of contract
In a global environment not all terms have the
same meaning
...
2-4
2
...
ITC
M8:U2:2
...
2-3
Creating a Clause Book
Select a group of purchase contracts
...
Select and list the various
types of clauses
...
ITC
M8:U2:2
...
3-1
Action Point
2
...
Attempt to identify the main source(s) of the
problem
...
ITC
M8:U2:2
...
4-1
Different legal systems
The Civil Law countries:
Europe except United Kingdom ……
...
4-2
Different legal systems
The Muslim Law countries:
Nothern Africa, Middle East, Iran, Afghanistan
...
4-3
Consequences of different systems
The parties have to consciously select which
law should apply - if not…
Neither party may have a full understanding
of what is intended in the contract
Risk for misinterpretations
ITC
§
§
§
M8:U2:2
...
4-1
Choosing the applicable law
Identify the nationalities of your suppliers in past
purchase contracts
...
Does any pattern arise as to the selection of the
law?
ITC
M8:U2:2
...
5-1
Action Point
2
...
ITC
M8:U2:2
...
6-1
Some key contractual issues
Supplier solvency: if weak, use guarantees or make
payment after delivery
If many uncertainties: use milestone linked
payments to reduce risks
Complexity: seek legal advice if needed
When needs are difficult to define: use
consulting contracts in man days
After ending: state clearly what will happen (e
...
,
with updates, reconfiguring of equipment,future
additions,
...
7-1
Action Point
2
...
ITC
M8:U2:2
...
8-1
The contract and the Private Law:
CONTRACT
Contract (Fish)
+ Private Law (Water)
__________________
= The total Agreement
PRIVATE LAW
Public Law
CONSTITUTION
ITC
M8:U2:2
Title: Major issues in preparing Contract, Problems , International contracting, three Principal Legal System, Nature of contract and Contracting in digital age
Description: Major issues in preparing Contract, Problems , International contracting, three Principal Legal System, Nature of contract and Contracting in digital age
Description: Major issues in preparing Contract, Problems , International contracting, three Principal Legal System, Nature of contract and Contracting in digital age