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 organisation. Achromic Point brings this highly informative and exclusive Hands on Digital Training on Drafting Commercial Contracts on 19th & 20th March 2024 which will focus on Legal Background and Structure, Breach Remedies/Damages/Indemnities, Understanding the Arbitration Process as an Alternative Dispute Resolution Mechanism, Modification, Term and Termination 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
- 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
- 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
AGENDA
| 19th March 2024
10.00 AM – 11.15 AM |
Session 1: Elements in Drafting Commercial Contracts
· How are offers distinguished from invitations, letters of intent and comfort statements?
· What procedures can be adopted to address post contract variation?
o Managing & Drafting International Contracts
§ Negotiating Cross Border Agreements
§ Key Considerations and Strategies in Drafting Cross Border Contracts
§ Essentials in Drafting International Contracts
§ Exclusions and Limitations of Liability |
| 19th March 2024
11.15 AM – 12.30 PM |
Session 2: 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 |
| 19th March 2024
12.30 PM – 01.00 PM |
Break |
| 19th March 2024
01.00 PM – 02.15 PM |
Session 3: 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 |
| 19th March 2024
02.15 PM – 03.30 PM |
Session 4: International Arbitration and Impact of Cross Border Issues
· Developments in international arbitration and choice of law clauses
· Defining the jurisdictional issues to consider at the negotiation stage
· Understanding the impact of international treaties on cross border contracts
· Enforcing foreign judgments in India
· Key components to consider in arbitration clauses
o Formation
o Validity
o Interpretation
o Content
o Performance
|
| 20th March 2024
10.00 AM – 11.15 AM |
Session 5: 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?
|
20th March 2024
11.15 AM – 12.30 PM |
Session 6: 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 licence, registered design licence and assignments
· Global IPR licence
|
20th March 2024
12.30 PM -01.45 PM |
Session 7: Procurement Fraud
· Conducting a successful vendor screening, background check and references to better know your business partner
· Signing agreement with contracted vendors regarding vendor ethics and ensuring they abide by a compliance program.
· Detecting and solving any potential conflict of interest between internal employees and vendors.
· Building a solid and true collaborative partnership with your vendors
· Respective and responsible role to be performed by Head of Procurement |
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THOUGHT LEADERS:
- Sahil Kanuga
Co-Head, International Dispute Resolution & Investigations Practice
Nishith Desai Associates
- Sheetal Khandelwal
Aekom Legal
- Shashank Karnad
Partner and CEO, Forensic Services
Mahajan & Aibara
- Archana Balasubramanian
Partner
Agama Law Associates
- Shweta Sharma
Legal Counsel
Boston Consulting Group, India
