Contracts are the foundation of the business world, and may be simple or extremely complex. This may include sales agreements, real estate purchase contracts, employment contracts, confidentiality agreements, finder’s agreements, or insurance contracts. As the business realm is getting more complex, ensuring smooth and uninterrupted operations coupled with long-term relationships with all parties is vital. This 5-day BOOST training course is designed to help participants gain an advanced and comprehensive skills for drafting and negotiating a successful contract while ensuring the protection and best interest of the organization.
At the end of the training course, participants will be able to:
- Identify the key factors to consider when drafting a contract.
- Gain comprehensive skills in drafting clear, structured, practical and concise contract.
- Apply techniques of clear writing to express legal concepts and avoid basic contract drafting errors which invalidate contracts.
- Use clear specific words and phrases to set out obligations and benefits.
- Know and apply International best Practices for contract writing.
- Approach drafting and legal writing with increased confidence.
This training course is designed to be interactive and participatory, and includes various learning tools to enable the participants to operate effectively and efficiently in a multifunctional environment such as lectures, presentations, and roundtable discussions.
- The Essentials of Drafting
- Understanding the Objective
- Knowledge of the Counter-Party
- The Eco-System
- Standard Terms & Conditions
- Tender/Bid Documents
- Influence of Relative Bargaining Power
- Drafting the Various Clauses
- Binding & Non-Binding Agreements
- The difference between an Unincorporated and Incorporated JV.
- Understanding the meaning & purpose of Consortiums.
- Due Diligence
- Formation of a JVC
- Corporate Governance – Board and Management
- Dead Lock Resolution
- Golden Share
- Veto Rights
- Transfer Restrictions
- Understanding ROFR/ROFO/DRAG/TAG/PUT/CALL
- Dispute Resolution
- Boiler Plate Clauses
- Schedules & Annexures
- Formation of Contract and Managing Risks
- The Building Blocks Concept
- Scope of Work (SOW)
- Consequential Damages
- Breach/Material Breach
- Liquidated Damages
- Force Majeure / Hardship
- Third Party Liability
- Drafting Clear and Concise Contracts
- Drafting the front of the contract
- Introductory and lead in clause
- Drafting Definitions
- Contract Language
- Contract Interpretation
- Understand how contracts are interpreted in case of ambiguity
- Importance of priority of documents
- International Best Practices
- Level Agreement
- An introduction to service level agreements
- Measuring the performance of service provision and effective performance-based measures
- Memorandum of Understanding
- Letter of Intent
- Non-Disclosure Agreement
- Presentation on Negotiation Skills (The Approach)
- Dos & Don’ts
- Elements of Negotiation
- BATNA & ZOPA
- Why & When Negotiations Fail
- Re-Negotiation of a Concluded Contract: Is this possible?
- Factors of Successful Negotiation
- Negotiation Practices