In today’s highly competitive and cost-conscious environment, negotiating and drafting commercial contracts is an important part of business activity. Over 85% of business transactions are governed by contracts and hence it is necessary that contracts are aligned with business expectations. It requires legal professionals to be well versed with the drafting techniques, foresee the risk and have futuristic thinking to handle contracts in the best interest of their organization.
This instructor-led workshop will focus on commercial & legal issues surrounding commercial agreements, and will help in improving personnel’s negotiating and drafting skills. This training will also equip with the skills necessary to effectively manage contractual pitfalls and implement dispute management.
There will be a detailed discussion on cross-border contracts and also a dedicated session on identification and mitigation of contractual risks covering case management and dispute resolution. We will study the consequences of breach of contracts and how dispute resolution can be handled. The training will provide examples of clauses & its implication with drafting exercises.
Why you should attend?
• Administer commercial contracts to boost your performance and profitability
• Practical insights into advanced contract drafting
• Mastering innovative negotiation skills
• Mapping the risks and measures of mitigation
• Define performance terms to guarantee effective delivery and minimize costs
• Avoid common contractual pitfalls
• Drafting effective Dispute Resolution & Arbitration clauses
• Practice exercises: Examples of Clauses & its implication with drafting exercises
Who should attend?
• Head of Legal
• General/Chief Counsel
• Senior Counsel, Regional Counsel, Corporate Legal Counsel
• CFOs, Company Secretaries, Senior Consultants
• Head-Contract Administration & Management, Contract Professionals
• Legal Managers, Strategic Solutions Managers
• Corporate Legal Advisors & Consultants
Agenda of the workshop:
Negotiation of Commercial Contracts
• Planning and conducting contract negotiation
• Understanding the needs of negotiating parties
• Deal or no-deal situations – how to keep the options open
• Determining the rights and obligation of parties
• Win-win situation – a myth or a reality?
• Understand the elements effecting negotiation process – Culture, Language & Legal System
A Hands-on Guide to Drafting Commercial Contracts
• What is a Commercial Contract -The contract law fundamentals & elements
• Difference between MU, letter of Intent, an agreement
• Converting MoU, Letter of Intent into a formal Contract
• Formation of contracts – Techniques in drafting contracts
• Introductory Provisions including Parties, Recitals, Definitions etc.
• Critical Provisions including Appointment, Conditions Precedent, Consideration, Covenants, Term & Termination, Representations & Warranties & Indemnities
• General clauses like Governing Law, Arbitration, Force Majeure, Arbitration etc.
Sharing some cases on intricacies of:
– General Commercial agreements
– Joint Venture Agreements
– Technical Collaboration Agreements
– Franchise Agreements
Technique of drafting International Contracts
• Analyzing the key elements in cross border agreements: What are the terms unique to overseas contracts?
• Addressing various jurisdictions issue: Complying with overseas jurisdiction & coinciding with the rule
• Effective techniques in drafting international commercial contracts
Dispute Resolution Clauses & Mechanism
• Understanding & identifying dispute prone areas
• Possible consequences and the medium of dispute resolution mechanisms
• Remedies for disputes emerging from contracts
• ADR provision in contract
• Litigation Or Arbitration – A comparative Analysis
• Role of corporate counsel in dispute management
Special Note: INBA members entitled to get 10% discount in the registration fees.
nadeem.alam@vccircle.com
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