Advanced Contract Drafting, Negotiations and Dispute Management  Workshop     

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 training 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.

Broad Training Objective.

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 skillful in negotiating contracts
• Drafting clear and concise contract (reduce ambiguity in contracts)
• Control cost and reduce external spend
• Building Negotiation skills.
• How to minimize claims by drafting a proper dispute resolution clause.
• Relevant causes in Joint Venture Agreement
• Case laws and Case study
• International Best Practices

Who Should Attend?

The course is recommended for the following;

• 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

Course Main Module

Formation of Contract & Managing Risk in Contract

• The Building Blocks Concept
• Scope of Work (SOW)
• Variations
• Consequential Damages
• Breach/Material Breach
• Liquidated Damages
• Indemnities
• Guarantees
• Termination
• Force Majeure / Hardship
• Subrogation
• Third Party Liability

Drafting Service Level Agreement

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

Drafting Clear and Concise Contracts

• Drafting the front of the contract
• introductory and lead in clause
• Drafting Definitions
• Contract Language

Drafting MOU, LOI NDA

International Best practices in Drafting:-

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

Presentation on Negotiation Skills-The Approach – Different Kinds

• Dos & Don’ts
• Elements of Negotiation
• Why & When Negotiations Fail
• Re-Negotiation of a Concluded Contract: Is this possible?
• Factors of Successful Negotiation
• Negotiation Practices

The Essentials of Drafting

• Understanding the Objective
• Knowledge of the Counter-Party
• 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
• Risk
• Recitals
• 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
• Termination

Contract Interpretation

• Understand how contracts are interpreted in case of ambiguity
• Importance of priority of documents

Way forward After the Training

Participants will develop a work plan through the help of facilitators that stipulates application of skills acquired in improving their organizations. ASPM will monitor implementation progress after the training.

Training Evaluation:

Participants will undertake a simple assessment before the training to gauge knowledge and skills, another assessment will be done after the training in-order to demonstrate knowledge gained through the training.