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

Looking for Personal Development? You might want to have a look at our Personal Development List of Courses

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