Overview

In today’s highly competitive and cost-conscious environment, negotiating and drafting commercial contracts is an important part of business activity. Over 85% of business transactions are governed by contracts and hence it is necessary that contracts be aligned with business expectations. It requires legal professionals to be well versed with the drafting techniques and expertise to foresee the risk and have futuristic thinking to handle contracts in the best interest of their organization.

VCCircle Training’s upcoming Instructor-led workshop "Drafting and Negotiating Commercial Contracts" is focussed to address essential updates on commercial and legal issues surrounding commercial agreements and will help you in improving your negotiating and drafting skills. This training will also equip you with the skills necessary to effectively manage contractual pitfalls and implement dispute management.

There will be a detail discussion on cross-border contracts and also dedicated session on identification and mitigation of contractual risks covering case management and Dispute Resolution. Breach and consequences of breach of contracts will be examined in the in light of dispute resolution. The training will provide examples of clauses & its implication with drafting exercises.

Why you should attend:

  • Administer commercial contracts to boost your performance and profitability

  • Practical insights into advanced contract drafting

  • Mastering innovative negotiation skills

  • Mapping the risks and measures of mitigation

  • Define performance terms to guarantee effective delivery and minimise costs

  • Avoid common contractual pitfalls

  • Drafting effective Dispute Resolution & Arbitration clauses

  • Practice exercises: Examples of Clauses & its implication with drafting exercises

Who should attend:

·         Head Legal
·         General Counsel
·         Legal Manager
·         Company Secretaries
·         Arbitrator & Mediators
·         Corporate Legal Advisor

·         Sales & Marketing Professionals
·         Business Development Manager
·         Head of Contract Administration & Management
·         Procurement & Purchasing Manager
·         Head of Departments - (Finance, Strategies and Other Functions)


Agenda

Module 1: 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 & Legal System

 

Module 2 : A Hands-on Guide to Drafting Commercial Contracts

  • What is a Commercial Contract -The contract law fundamentals & elements

  • Difference between MOU, 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
            - IT Contracts

 

Module 3 - 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

 

Module 4 : 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



Want to be part of it?

VCC Events opens up the avenues for participation. Join hands to be a part of India’s largest gathering of alternative investments leaders, industry stakeholders and Asia’s influential limited partners, general partners and marquee advisors. Your chance to actively participate and augment yourself as thought leaders.


Venue :

Mumbai

Vivanta by Taj – President

90, GD Somani Road,
Cuffe Parade,
Mumbai - 400005


Do you have any queries?

Drop us a line and we will call you.

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