Negotiation of Commercial Contracts
• Planning and conducting contract negotiation
• Understanding the needs of negotiating parties
• Assessing deal or no-deal situations - how to keep the options open
• Determining the rights and obligation of parties
• Debating win-win situations - a myth or a reality?
• Understanding the elements affecting the negotiation process - Culture, Language & Legal System
A Hands-on Guide to Drafting Commercial Contracts
• The Contract Law fundamentals and elements
• Difference between MOU, Letter of Intent and an agreement
• Conversion of MOUs and Letter of Intent into formal contracts
• Introductory Provisions including Parties, Recitals, Definitions etc
• Critical Provisions including Appointment, Conditions Precedent, Consideration, Covenants, Term & Termination, Representations and Warranties & Indemnities
• General Clauses like Governing Law, Arbitration, Force Majeure, Arbitration etc
Sharing some cases on intricacies of
• General Commercial agreements
• Infrastructure Contracts
• Government Contracts
• IT [Computer and Technology] Contracts
• Outsourcing Contracts
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
• Discussing effective techniques in drafting international commercial contracts
Dispute Resolution Clauses & Mechanism
• Understanding and identification of dispute prone areas
• Possible consequences and the medium of dispute resolution mechanisms
• Remedies for disputes emerging from contracts
• ADR provision in contracts
• Litigation or Arbitration - A comparative analysis
• Role of corporate counsel in dispute management