Date and Time:
January 30, 2023 11:00 AM - 6:00 PM
January 31, 2023 3:00 PM - 6:00 PM
Event Location:
Online, India
Description
Present business requires legal professionals to be strategic thinkers and being able to handle contracts in a manner that protects the interests of their organization. Achromic Point brings this highly informative and exclusive training on 30th & 31st January 2023 which will focus on Legal Background and Structure, Elements in Drafting Commercial Contracts, Term and Termination, Legal Issues Arising from Contractual Clauses and much more.
Benefits of Attending:-
- Examine assignment and novation to ensure you are suitably protected in the case of transfer or sale of rights
- Get to grips with payments and interest terms to understand how penalties can be applied
- Expand your knowledge of the risk of drafting a contract without a confidentiality clause
- Understand the risks that can be created through poor drafting in practical exercises under the guidance of the expert
- Discuss any disputes or issues you are facing with colleagues from other organisations to gain new ideas and perspectives
- Master practical drafting techniques to write concise and effective agreements
- Examine special contractual arrangements and letters of intent
- Get up to date with the use and drafting of contractual warranties and indemnities
- Understand the effect of exclusion and limitation clauses, and how they can be used to manage your exposure
Who should attend?
Heads, Directors, General Managers and Managers of:
- Head-Contract Administration & Management
- Head of Legal
- Corporate Legal Counsel
- General Counsel
- Chief Counsel
- Regional Counsel
- Legal Managers
- Corporate Legal Advisors
- Company Secretaries
- Senior Legal Practitioners
- Legal Consultants
- Lawyers
Thought Leaders:
- Prashant Jain
Co- Founder & Managing Partner
Samisti Legal - Archana Balasubramanian
Partner
Agama Law - Nitin Jain
Partner
Agama Law - Arti Narsana
Principal Associate
Vaish Associates Advocates - Sai Srujan Tayi
Partner
Giridhar & Sai, Advocates - Isha Sinha
General Manager | Group Head – Legal
Medicover Hospitals
Event Timelines
Session 1: Elements in Drafting Commercial Contracts
• Key requirements of a contract
• Managing & Drafting International Contracts
o Negotiating Cross Border Agreements
o Key Considerations and Strategies in Drafting Cross Border Contracts
o Essentials in Drafting International Contracts
o Exclusions and Limitations of Liability
o Drafting contracts for interpretation in another legal system
• How do these impact international contracts
• Why contract enforcement is important
• Drafting statements of claim and defense
Session 2: Breach Remedies/Damages/Indemnities
• Exclusion and limitation clauses
• Damages
• Penalty
• Other reliefs
• Understanding WCI and why you cannot draft contracts without them
• Differences between warranties, undertakings and representations
• Specific examples in the context of M&A transaction
• ‘Materiality’ qualifiers ‘knowledge’ qualifies
• Differences between warranties and indemnities
• Indirect or consequential losses
• How to draft effective indemnity
• Specific Relief
• Acceptance of risk
• Capping of risk
• Exclusion of risk
• Arguments used by each side when negotiating
• Drafting a liability clause: tips, tricks and techniques
• Limitation of liability
• Transferring contractual rights and obligations
• Transferring rights
• Assignment
• Novation
• Other transfers – sub-contracting
Session 3: Term and Termination; Entire Agreement Clauses; Governing Law, Jurisdiction and Dispute Resolution Clauses
• How to decide the ‘term’ of a contract and draft the ‘term’ clause
• How termination is connected with the term of the contract and how to draft termination clauses
• The different methods by which a contract can be renewed
• Which obligations under the contract continue to be applicable even after termination?
• Governing law, jurisdiction and dispute resolution clauses
Session 4: Legal Issues Arising from Contractual Clauses
Understand the proper usages of boilerplate or standard clauses (amendment, assignment, severability, etc.)
Examine the clauses to sustain a joint venture agreement:
• Ownership and control
• Finance
• Deadlock
• Transfer of shares
• Pre-emption rights
Review clauses pertaining to mergers and acquisitions agreement:
• Closing conditions (including the "MAC" clause) and how they work to control risk
Session 5: Negotiation Skills and Techniques to Ensure Effective Negotiations
Understand key elements of successful negotiation techniques
Develop a strategic approach to negotiation in the contracting process
Comprehend the needs of negotiating parties
Arriving to an agreement and gaining commitment at close of negotiation process
o Protecting Your Corporation’s Asset – Intellectual Property
Identify IP rights – how do they develop during the life of the contract
Erroneous insistence on IP assignment in developing contracts
Indemnity clauses in IP – what is fair?
Identify types of IP – Copyright, design rights, trademarks, patents, licenses, software and hardware license, registered design license and assignments
• Global IPR license
Session 6: Understanding the Arbitration Process as an Alternative Dispute Resolution Mechanism
o Defining General Provisions Regulating Arbitration
o Ensuring an Effective Dispute Resolution Procedure
o Rights, trademarks, patents, licenses, software and hardware license, registered design license and assignments
• Planning For, Avoiding and Resolving Cross Border Contractual Disputes
o Developing strategies for minimizing and managing commercial disputes
o Choosing the relevant arbitration regime and body
o Drafting the dispute resolution clause to ensure successful completion of projects
o When are alternative dispute resolution provisions worth considering?
