Academic

Dr. Toshihiko Omoto used to be Professor at School of Management (MBA) of Kyoto University and continues to be Adjunct Professor, after retirement, for the same subject, “Contract Management and Dispute Resolution”. This course is given in English and foreign students are welcome.

The syllabus is as follows:

Course Description

Any business, whether it is small or large, private or public or for profit or not-for-profit, requires the people involved to have the understanding of concept of contract for the proper performance of that business. Otherwise, a contract will not be performed satisfactorily to the contracting parties. It is also true and often the case that a mere difference of opinion of the contracting parties leads to a serious dispute.

Taking construction contracts as an example, which is one of the most complicated contracts, the students are to be introduced to the general principle of contract and the methods of dispute resolution and avoidance. 

Programme

Each unit is given in 90 minutes.

1. Introduction to Construction Project of Infrastructure
2. Introduction to Contract Theory (1)
3. Introduction to Contract Theory (2)
4. Introduction to Incomplete Contract Theory
5. Contract Risk Management (1)
6. Contract Risk Management (2)
7. Defect Liability, Professional Liability
8. Joint Ventures and Subcontracting
9. Dispute Resolution: Arbitration
10. Dispute Resolution: Other ADR (Alternative Dispute Resolution)
11. Dispute Avoidance: DB (Dispute Boards)
12. Case Study and Mock Arbitration of an International Infrastructure Project (1)
13. Case Study and Mock Arbitration of an International Infrastructure Project (2)
14. Examination
15. Individual Interview

In the case study and mock arbitration, the class is divided into two groups to make contracting parties. An arbitrator is to be invited from outside. Students are given a good opportunity to learn the proceedings; preparation of claims and response (defense), hearing and award.