Negotiation of Commercial Contracts:
- Planning and conducting contract negotiation
- Understanding the needs of negotiating parties
- Deal ya 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 element effecting negotiation process Vis – Culture, Language and Legal System
A Hands-on Guide to Drafting Commercial Contracts
- What is a Commercial Contract – The contract law fundamentals and elements
- Difference between Memorandum of Understanding (MoU) and an Agreement
- Converting MoU into a formal Contract
- Formation of Contracts – Forms and techniques in drafting contracts
- Introductory provisions including Parties, Recitals, Definitions, Interpretation, etc.
- Critical provisions including Appointment, Conditions Precedent, Consideration, Covenants, Term & Termination, Representations, Warranties and Indemnities
- Importance of miscellaneous clauses like Governing Law, Arbitration, Force Majeure, Confidentiality, etc.
Practical examples on the intricacies of:
- General Commercial agreements
- Investment Contracts such as Share Subscription Agreement, Share Purchase Agreement and Shareholders’ Agreement
- Loan and Debt Agreements
- Infrastructure Contracts
- IT [Computer and Technology] Contracts
- Outsourcing Contracts
- Stamp Duty and other considerations
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 and coinciding with the rule
- Effective techniques in drafting international commercial contracts