Achromic Point

In today’s highly competitive and cost-conscious environment, negotiating and drafting commercial contracts is an important part of business activity and needs continual updating and enhancing. 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.

This workshop offers a unique opportunity to keep up to date with current developments in the law and practice from looking at recent case law on implied terms and the circumstances in which a court would enforce an express duty of good faith, through to an examination of specific terms such as those relating to assignment, transfer and third party rights. This training will also equip you with the skills necessary to effectively manage contractual pitfalls and implement dispute management.

 Session – 1Constituents of a Contract

• Difference between letter of Intent, an Agreement and a contract
• Converting MoU, Letter of Intent into a formal Contract
• Force Majeure
• Case Study
• Damages
• Rights of Indemnity  Holder (Sec. 125)
• Indemnity v.  Damages
• Liquidated Damages & Penalty
• Warranty
• Limitation of Liability
• Procurement Contract
• Governing Laws

• Important points for enforcement and form requirements

 Session – 2Hands-on Workshop on Negotiation and Drafting

• Understanding the needs of negotiating parties
• Planning and Conducting Negotiation
• Determining the rights of  parties
• Determining the obligation of  parties
• Drafting a Contract
• Domestic Contracts
• International Contracts
• Analyzing the key elements in cross border agreement
• Dispute Resolution & Jurisdiction Issues in International Contracts
• Case Study

 Session – 3Arbitration and Dispute Resolution

• What is Arbitration
• Repositioning India for Arbitration
  • Key Issues, Challenges and Way forward
• Dispute Resolution
  • Understanding & identifying dispute prone areas
  • Possible consequences and the medium of dispute resolution mechanisms
  • Remedies for disputes emerging from contracts

• Avik Karmakar
  Co-Head Private Equity, Vaish Associates Advocates