The Proactive Approach: Managing Contract Risks And Opportunities
Workshop Timing: Registration and coffee will be at 08.00. The workshop will commence at 08.30 and conclude at 14.30 with appropriate breaks
for refreshments. Lunch will be served at 14.30 following close of day.
Introduction
• Why do contracts fail and what can we do to prevent it?
The proactive approach: the past, the present and the future
Why Do Contracts Fail - And How To Prevent It?
Supply Chain – Contract Chain – Warranty/Liability Chain
• What if delivery is not made in time
- What if the delay is caused by a sub-supplier?
• What if the warranty chain is broken
- Whose problem is it – and why contracts matter?
• What if supplier’s terms and buyers terms differ
- Whose terms apply – and what difference does it make?
- Liability in different contract terms and conditions
- Liability based on the applicable law(s)
From Reactive To Proactive Action
Contractual Risk And Opportunity Management
•Using contracts proactively to:
- Maximise opportunities and minimise risk
- Provide the framework for good collaboration, communication
and relationships
- Promote successful performance and eliminate causes of
problems and friction
- Provide effective mechanisms to deal with problems and issues
- Promote quick resolution of disputes and prevent litigation
• Securing success and preventing problems through good-quality
contracts
- Managing visible terms (the express terms of the contract)
- Managing invisible terms (the potential impact of laws and
implied terms)
- Using ‘back-to-back’ (and avoiding misusing or misunderstanding it)
Contractual Risk And Opportunity Management Toolkit
• Five key questions to ask when agreeing about (or passing on) obligations
• Tools and resources that help implement a proactive approach
• Webliography for finding further resources, contract models and samples
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About Your Renowned Workshop Leader
Helena Haapio, International Contract Counsel, Lexpert, Finland
Helena Haapio, Master of Laws, Master of Quality, is International Contract Counsel with Lexpert Ltd, www.lexpert.com. She supports corporate clients in succeeding in cross-border contractual (ad)ventures, helping them use contracts to get better business results and stay out of legal trouble. She practices what is known as proactive / preventive Law. She also acts as arbitrator. Before founding Lexpert Ltd, Helena served for several years as in-house legal counsel for Wärtsilä Group companies in Finland, Norway, Sweden and the United States, and three years as general counsel for one of the Group’s Divisions. Her responsibilities included drafting and negotiating contracts for complex international projects, acquisitions, joint ventures, distributorships, sales and other transactions. She also arranged in-house training in related fields and was nominated “Export Trainer of the Year” by Fintra, the Finnish Institute for International Trade.
She has spoken at many national and international events, including Annual Meetings and World Congresses of the American Society for Quality (ASQ), International Association for Contract and Commercial Management (IACCM), and International Project Management Association (IPMA). Her articles have appeared in several business and professional publications, including ACCA Docket, Contract Management, Eurolawyer, Preventive Law Reporter, Scandinavian Studies in Law, and Software Quality Professional. She regularly conducts corporate in-house training workshops on topics related to Contract Excellence, Contractual Risk Management, Proactive Contracting, and Safe Sales in Europe and overseas.