Commercial Contracts

Drafting and Negotiating Commercial Contracts


Date and Time:

June 21, 2023 2:30 PM - 5:30 PM

June 22, 2023 2:30 PM - 5:30 PM

June 23, 2023 2:30 PM - 5:30 PM

Event Location:

Online, India

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Present business requires legal professionals to be strategic thinkers and being able to handle contracts in a manner that protects the interests of their organisation. Achromic Point brings this highly informative and exclusive training on Drafting and Negotiating Commercial Contracts scheduled on 21st, 22nd & 23rd June 2023 which will focus on Negotiation Skills and Techniques to Ensure Effective Negotiations, Elements in Drafting Commercial Contracts, Term and Termination, Legal Issues Arising from Contractual Clauses and much more.

Benefits of Attending:-

  • 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
  • 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

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
  • Lawyer

Thought Leaders:

  • Prashant Jain
    Co- Founder & Managing Partner
    Samisti Legal
  • Surekh Kant Baxy
    Principal Associate
    Aekom Legal
  • Sharan Kukreja
    Partner | Dispute Resolution
    Cyril Amarchand Mangaldas
  • Sanjana Buch
    Principal Associate
    Agam Law
  • Aparna Gaur
    Nishith Desai Associates
  • Sahil Kanuga
    Co-Head, International Dispute Resolution & Investigations Practice
    Nishith Desai Associates

Event Timelines

21st June 2023 2.30 PM - 04.00 PM

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 defence

21st June 2023 04.00 PM - 5.30 PM

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

22nd June 2023 2.30 PM - 04.00 PM

Session 3: Term and Termination; Entire Agreement Clauses; Governing Law, Jurisdiction and Dispute Resolution Clauses

• Term and termination       

• Purpose

• Term

• Termination

• Reasons for termination

• Consequences of termination

• Survival

• Entire agreement clauses

• Purpose

• Problem

• A new purpose

• The law

• Drafting a clause

• Documentary inclusion/exclusion

• Governing law, jurisdiction and dispute resolution clauses

• Governing law

• Jurisdiction

• Dispute resolution clauses

22nd June 2023 04.00 PM -5.30 PM

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:

o Ownership and control

o Finance

o Deadlock

o Transfer of shares

o Pre-emption rights

• Review clauses pertaining to mergers and acquisitions agreement:

o Closing conditions (including the "MAC" clause) and how they work to control risk

23rd June 2023 2.30 PM - 04.00 PM

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

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

23rd June 2023 04.00 PM - 5.30 PM

Session 6: Understanding the Arbitration Process as an Alternative Dispute Resolution Mechanism

• Defining General Provisions Regulating Arbitration

• Ensuring an Effective Dispute Resolution Procedure

• rights, trademarks, patents, licenses, software and hardware license, registered design license and assignments

Planning For, Avoiding and Resolving Cross Border Contractual Disputes

• Developing strategies for minimizing and managing commercial disputes

• Choosing the relevant arbitration regime and body

• Drafting the dispute resolution clause to ensure successful completion of projects

• When are alternative dispute resolution provisions worth considering?

Sorry, Event Expired

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