Date and Time:
March 22, 2013 9:30 AM - 4:30 PM
Hotel Novotel, Mumbai, India
2nd Annual Seminar On Commercial Contracts And Implications Of Mismangement 2013 – Mumbai
Drafting commercial contracts, either international or domestic, is an integral part of business. Over 85% of business transactions are governed by contracts and hence it is necessary that contracts be aligned with business expectations. To have such a framework in place, companies must understand the various forms of contractual non-compliance and their impact on the company.
This one day master class will address issues and challenges faced by in-house counsel, contract managers, procurement professionals and private practitioners in drafting, negotiating and managing contracts. Simultaneously, you will also be updated of the fall outs of having a poor contract and learn best practices to mitigate this risk.
Topics being covered:-
Negotiation of Commercial Contracts
• Planning and conducting contract negotiation
• Understanding the needs of negotiating parties
• Deal – no-deal situations – how to keep the options open.
• Determining the rights and obligation of parties
• Win win situation – a myth or a reality?
A Hands-on Guide to Drafting Commercial Contracts
• Difference between letter of Intent, an agreement and a contract
• Formation of contracts
• Techniques in drafting contracts
• Special clauses: Force Majeure, LD, Risk Purchase, etc
• Dispute resolution clause
• Drafting Commercial Contract in light of Competition Law & Professional Services Liability
Technique of drafting International Contracts
• Analyzing the key elements in cross border agreements: What are the terms unique to overseas contracts? unique to overseas contracts?
• Effective techniques in drafting international commercial contracts
• Sharing some cases on intricacies of:
• Joint –venture agreements
• Share-purchase agreements
• Service contracts
Implications of having a poor contract
• Procurement fraud
• Counterfeiting, Piracy and Intellectual property theft
• Regulatory and other non-compliance – Money laundering, Anti Bribery and Corruption non-compliance
• Mr. Shreyas Jayasimha – Partner, AZB & Partners
• Mr. Shashank Karnad – Partner, Forensic Services, KPMG in India