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