Event title: Contract Dispute Management & Negotiation
Date: 26th & 27th July 2010
Venue: Prince Hotel, KL, Malaysia
Time: 8.30am – 5.30pm
Organiser: Marcus Evans
Event details:
Currently, the situation of dispute management and negotiation in Malaysia is still in its maturity stage. The demand of solving disputes through mediation and negotiation is escalating because society views mediation as an effective ADR mechanism compared to litigation. This is simply because the process of arbitration and litigation can be costly and timely compared to the inexpensive and fast outcome in disputing commercial cases through mediation.
The usual disputes faced by practitioners in Malaysia are arising from interpretation of documents, breach of contract and infringements of rights to name the least. Practitioners in charge of contracts must understand that an effective contract is the beginning of a successful business cycle and a prevention of dangers and risks facing your projects/deals. Furthermore, practitioners in Malaysia fail to acknowledge that when negotiating, drafting and entering into such agreements, it is essential to understand the legal and commercial issues surrounding them. As the use of Mediation is receiving more awareness among practitioners in Malaysia, many lawyers and legal advisors in Malaysia who are now representing their clients as mediators are also not aware of how the entire process works.
There is a need to examine the above-stated issues and you can learn how by attending this premier professional two-day course which is specifically developed to help you have a complete understanding on how to apply effective ADR mechanisms focusing mainly on mediation and negotiation to ensure that you handle a dispute effectively and efficiently.
http://www.marcusevans.com/marcusevans-conferences-event-details.asp?EventID=16653&SectorID=37
* All eLawyer members are entitled to a discount of 10% when registering with Ms. Catherine. Please contact her for details and quote MP- eLawyer during registration. *
For further info & brochure, please contact:
Ms. Catherine Foo
T: +603 2723 6757
E: catherinef@marcusevanskl.com
Dear Catherine
Critical to avoiding costly litigation is an understanding of issues and the relevant laws when drafting a contract.
If that fails, a practitioner places their client in the precarious and unenviable position of having to defend or prosecute not a breach of contract but the consequences of practitioner incompetence in poorly drafting a contract that should in the first place have dealt with all issues adding contingency plans in the contract itself to deal with disputes.
Remedial measures and ring fencing a deal is best found in well drafted agreements in the machinery clauses of an agreement drafted in prrecise language. Therein one finds the mechanics of resolving conflicts as and when they arise.
A court properly consituted will not interfere in the operation of a well drafted contract. It will instead direct the parties to the mechanisms for disposing of their differences found in the contract first. Failing this, the courts will have a right to interfere.
This is the basis of the law of contract. It is private law. There is in truth no law of contract. Contract is a common law development guided by certaain laws that protect the parties to it. e.g. minors or people otherwise without capacity (mentally ill) from unlawful or illegal exploitation, or renders nugatory contracts that are illegal (having illegal or unlawful objects).
Once these principles are understood by a practitioner the effect of a contract is more efficient and it serves as a useful tool in commerce.
We are holding private intense seminars later in the year in KL for lawyers interested in commercial contracts and on how to draft, analyse and remedy the effects of bad contracts or breaches of good ones.
Gopal Raj Kumar