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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.


Course Objectives:

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

Course Outline:

Session-1 Formation of Contract & Managing Risk in Contract 

  1. The Building Blocks Concept
  2. Scope of Work (SOW)
  3. Variations
  4. Consequential Damages
  5. Breach/Material Breach
  6. Liquidated Damages
  7. Indemnities
  8. Guarantees
  9. Termination
  10. Force Majeure / Hardship
  11. Subrogation
  12. Third Party Liability

Session -2  Drafting Service Level Agreement 

  1. An introduction to service level agreements
  2. Measuring the performance of service provision and effective performance-based measures

Session-3  Drafting Clear and Concise Contracts

  1. Drafting the front of the contract
  2. introductory and lead in clause
  3. Drafting Definitions
  4. Contract Language

Session 4.  Drafting MOU, LOI NDA

1.International Best practices in

Drafting:-

  • Memorandum of Understanding
  • Letter of Intent
  • Non-Disclosure Agreement

Session 5: Presentation on Negotiation Skills-The Approach – Different Kinds

  1. Dos & Don’ts
  2. Elements of Negotiation
  3. BATNA & ZOPA
  4. Why & When Negotiations Fail
  5. Re-Negotiation of a Concluded Contract: Is this possible?
  6. Factors of Successful Negotiation
  7. Negotiation Practices

Session 6: The Essentials of Drafting

  1. Understanding the Objective
  2. Knowledge of the Counter-Party
  3. The Eco-System
  4. Standard Terms & Conditions
  5. Tender/Bid Documents
  6. Influence of Relative Bargaining Power
  7. Drafting the Various Clauses
  8. Binding & Non-Binding Agreements
  9. Warm-Up session with some simple documents
  10. The difference between an Unincorporated and Incorporated JV.
  11. Understanding the meaning & purpose of Consortiums.
  12. Due Diligence
  13. Risk
  14. Recitals
  15. Formation of a JVC
  16. Corporate Governance – Board and Management
  17. Dead Lock Resolution.
  18. Golden Share
  19. Veto Rights
  20. Transfer Restrictions
  21. Understanding ROFR/ROFO/DRAG/TAG/PUT/CALL
  22. Dispute Resolution
  23. Boiler Plate Clauses
  24. Schedules & Annexures
  25. Termination

Session 7 Contract Interpretation 

  1. Understand how contracts are interpreted in case of ambiguity
  2. Importance of priority of documents

Who Should Attend?

  • Head of Legal Industries including
  • Legal Consultants
  • Head-Contract
  • Administration & Management
  • Corporate Legal Counsel
  • General Counsel
  • Chief Counsel
  • Regional Counsel
  • Legal Managers
  • Corporate Legal Advisors
  • Company Secretaries
  • Lawyers
  • Arbitrators & Mediators
  • Procurement and
  • Purchasing Managers

General Notes

  • 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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