Abstract

Fuelled by forecasts by various sources (such as the British Council) that the number of students seeking places on UK courses could rise dramatically in the coming decades, UK institutions continue to seek out new collaborative ventures overseas. As with any venture, a planning and risk management process should be implemented as soon as practicable. One component of such a process is a contract, prepared as a means of clearly providing for each party’s understanding of how the venture will evolve.

The purpose of this report is to highlight a number of key considerations in the overall process for developing and entering into an overseas collaborative contract. While the context is a collaboration governed by English law and which meets the standards of quality assurance provided for in the UK, the issues are of relevance across borders as they focus on the practical hurdles and pitfalls in working with another institution to deliver higher education in the local jurisdiction. For the sake of clarity, the report is written from the perspective of an awarding institution working with a local institution in the delivery of programmes for undergraduate students. Nevertheless, the issues could be considered and addressed by any and all parties considering participating in transnational higher education.
The perspective of the author is as a lawyer who has advised many UK higher education clients on ventures that are varied in their form and their geographical location. As a result, this report examines the key legal, practical and commercial issues within a contractual framework.