Commande publique
Managing claims and litigation in public contracts

5  days intra
Dates to be agreed
Location to be agreed
available remotely
Training costs

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Objectives
  • Know how to manage claim files and litigation occurring during contract negotiation, signature and performance.
  • Master the various arbitration procedures.
Pedagogical programme

available remotely

Litigation, disputes and arbitration

  • Amicable methods and jurisdictional methods of settling disputes.
  • Developing mediation and arbitration.
  • Mediator-conciliator: status, role, qualities and abilities.
  • Mediation-conciliation procedure and techniques.
  • Commercial arbitration:
  • defining arbitration (contractual aspect and jurisdictional aspect);
  • types of international commercial arbitration.
  • Domestic arbitration and international arbitration (monism or dualism? for instance, French law and OHADA).
  • Institutional arbitration and ad hoc arbitration (administration of the proceedings, list of arbitrators and administrative costs: examples include Chamber of Commerce and Industry, EDF, ICSID, OHADA, etc.).
  • Main rules of law of international commercial arbitration.
  • The arbitration procedure.
  • The arbitration tribunal.

available remotely

Analysing and handling claims

  • Types of claims.
  • Amicably settling claims:
  • admissibility of claims;
  • facts, law, fairness.
  • Reminders on the main conditions and requirements provided for in the works and services general administrative terms and conditions.
  • Analysing claims and calculating compensation.
  • Dispute settlement committee.
  • Memorandum of understanding for the amicable settlement of disputes.
Target audience
  • Public procurement services;
  • Audit and control administration;
  • Administrative Court.
Good to know

Example of 5 days programme
Prerequisites

Have held or currently hold a position related to the training theme
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