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