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Arbitration and its Legal Problems in Administrative Contracts

Why Attend

Administrative contracts are similar to civil contracts in many respects, the most important of which is that they arise from the agreement of two parties. However, there are differences between them, namely that administrative contracts are subject to administrative law and administrative judiciary, while civil contracts are subject to the provisions of private law and ordinary public judiciary. In administrative contracts, the contract is concluded between two unequal parties. The administration seeks to achieve the public interest, while the contracting party, whether an individual or a company, seeks to achieve a private interest. In civil contracts, the principle is equality between the two parties, as each party aims to achieve a private interest. In administrative contracts, the administration enjoys privileges and rights to amend the terms of the contract, supervise its implementation, and impose penalties upon termination of the contract at its sole discretion, in derogation from the principle that the contract is the law of the contracting parties that applies to civil contracts. Another difference is that the administration is subject to restrictions on the choice of its contracting party when concluding an administrative contract. These restrictions are not imposed on individuals in their private contracts, as the principle is that individuals have the freedom to contract with whomever they wish.

Overview

Course Outline

Schedule & Fees

Objectives

By the end of the course, participants will be able to:

Be familiar with all the rules and provisions of administrative contracts.

Practical study of how to regulate these contracts to avoid risks and responsibilities arising from their implementation. A practical study of the management of these contracts and their management methods.

practical study of methods for monitoring contractors' implementation of their obligations, and an understanding of the administration's powers and penalties for obligating contractors to fulfill their obligations.

Practical study of how to end an administrative contract after its expiration.

Practical study of how to resolve disputes arising from the implementation of an administrative contract and the methods followed in this regard.

The extent of the contractor's rights to amend the financial terms of the contract (called claims) and the restrictions on these rights.

Awareness of all the rules and provisions of administrative contracts.

Participants will be able to apply these concepts in practice, whether in government agencies, companies, or institutions.

Methodology

This course uses a variety of group discussions as well as individual and group exercises. A number of written exercises will also be used throughout the course.

Target Audience

Directors of departments, divisions, and specialists specialized in contracts and related activities in all agencies, departments, ministries, agencies, institutions, companies, and banks of all kinds.

Supervisors who supervise public contracting and construction contracts at all different contractual stages

Consulting engineers

Managers and specialists in contracts, logistics departments

Managers and specialists responsible for executing purchase orders

Legal professionals, whether researchers or legal consultants working in legal departments

Target competencies

Litigation

Arbitration

Mediation

Negotiation

Dispute Resolution Frameworks for the Gulf Cooperation Council Countries

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