The course provides insight on Contract Drafting, Drafting Techniques, Contract Language, Contract Negotiations and Dispute Management. It is designed for in-house lawyers/professionals who wish to take their drafting to an advanced level.
The workshop will provide ‘hands-on’ experience in the drafting of commercial contracts and discuss case study on dispute management and provide case study on negotiations.
The training will share with the participant’s practical example on how to draft clear, concise contracts with less ambiguity and ensuing is less claims.
By the end of the program, participants will be able to do gain insight into :
- Identifying the key factors to be taken care of while drafting a contract
- Become skilful in negotiating contracts
- Drafting clear and concise contract ( reduce ambiguity in contracts)
- Control cost and reduce external spend
- Building Negotiation skills.
- How to minimise claims by drafting a proper dispute resolution clause.
- Relevant causes in Joint Venture Agreement
- Case laws and Case study
- International best Practices
Session-1 Formation of Contract & Managing Risk in Contract
- The Building Blocks Concept
- Scope of Work (SOW)
- Consequential Damages
- Breach/Material Breach
- Liquidated Damages
- Force Majeure / Hardship
- Third Party Liability
Session -2 Drafting Service Level Agreement
- An introduction to service level agreements
- Measuring the performance of service provision and effective performance-based measures
Session-3 Drafting Clear and Concise Contracts
- Drafting the front of the contract
- introductory and lead in clause
- Drafting Definitions
- Contract Language
Session 4. Drafting MOU, LOI NDA
1.International Best practices in
- Memorandum of Understanding
- Letter of Intent
- Non-Disclosure Agreement
Session 5: Presentation on Negotiation Skills-The Approach – Different Kinds
- Dos & Don’ts
- Elements of Negotiation
- BATNA & ZOPA
- Why & When Negotiations Fail
- Re-Negotiation of a Concluded Contract: Is this possible?
- Factors of Successful Negotiation
- Negotiation Practices
Session 6: The Essentials of Drafting
- Understanding the Objective
- Knowledge of the Counter-Party
- The Eco-System
- Standard Terms & Conditions
- Tender/Bid Documents
- Influence of Relative Bargaining Power
- Drafting the Various Clauses
- Binding & Non-Binding Agreements
- Warm-Up session with some simple documents
- The difference between an Unincorporated and Incorporated JV.
- Understanding the meaning & purpose of Consortiums.
- Due Diligence
- Formation of a JVC
- Corporate Governance – Board and Management
- Dead Lock Resolution.
- Golden Share
- Veto Rights
- Transfer Restrictions
- Understanding ROFR/ROFO/DRAG/TAG/PUT/CALL
- Dispute Resolution
- Boiler Plate Clauses
- Schedules & Annexures
Session 7 Contract Interpretation
- Understand how contracts are interpreted in case of ambiguity
- Importance of priority of documents
Who Should Attend?
- Head of Legal Industries including
- Legal Consultants
- Administration & Management
- Corporate Legal Counsel
- General Counsel
- Chief Counsel
- Regional Counsel
- Legal Managers
- Corporate Legal Advisors
- Company Secretaries
- Arbitrators & Mediators
- Procurement and
- Purchasing Managers
- All our courses can be facilitated as Customized In-House Training course.
- Course duration is flexible and the contents can be modified to fit any number of days.
- As for Open Enrolment Courses, we offer our clients the flexibility to chose the location, date, and time and our team of experts who are spread around the globe will assist in facilitating the course.
- The course fee includes facilitation, training materials, 2 coffee breaks, buffet lunch and a Certificate of successful completion of Training.
- FREE Consultation and Coaching provided during and after the course.
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