advanced contract drafting, negotiation iibi & dispute

4
Best training to attend - A lifetime benefit 1) Mr. M R Prasanna – International Contract Expert Benefits Training Focus Your Solution For In-House Training Who Should Attend ? CCF at International Bar Association, Group General Counsel (Retd) at Aditya Birla Group, Chief Legal Advisor at Larsen & Toubro Limited, Head - Legal at Brooke Bond India Ltd, Manager - Law at Alfa-Laval India Ltd Administrative Officer - Legal at General Insurance Corporation Independent Litigator at Bar Council Of India (Self-employed) Date 20th & 21st Of August 2019 Venue Hyatt Regency, Mumbai If you have a number of delegates with similar training needs, then you may wish to consider having an In-House Training solution delivered locally on-site. Course can be tailored to specific requirements. Advanced Contract Drafting, Negotiation & Dispute Resolution Attend this informative event and gain practical insights into: Identifying the key factors to be taken care of while drafting a contract Being skilful on your negotiation skills to gain favourable terms from the counter party Mapping the risks and measure for mitigation strategies Enhancing the in-house capabilities and reducing reliance on external counselmanage the varying capacity of incoming wastewater Understanding the commercial realities in order Minimising cost contingencies and variations Industries including Legal Consultants Head-Contract Administration & Management F & B To draft a patent contract Drafting dispute resolution clauses in contracts to avoid or minimise costs of disputes with special emphasis on arbitration Corporate Legal Counsel General Counsel Chief Counsel Regional Counsel Legal Managers Corporate Legal Advisors Company Secretaries Senior Legal Practitioners Lawyers Arbitrators & Mediators Procurement and Purchasing Managers Pharmaceuticals Oil & gas Manufacturing Automobile Telecommunications / IT Legal firms Government and professional services and many more Please Contact on +91 8928669386 to discuss further possibilities. [email protected] Head of Legal Indian organisations are growing at an unprecedented phase. This necessitates every aspect of business be carried out in a most professional manner and more specifically the contracts to be carefully drafted to gain more favourable terms from the counter party by having to expend least resources possible. IIbI brings an exclusive training that will focus on honing the drafting and negotiating skills that participants currently possess. This unique training is aimed at taking the participants competency to the next level enabling them to enhance their in-house capabilities and lower reliance on external counsel. This enovative training serves the purpose of helping the in-house counsel to gravitate towards being a business lawyer and bring about a paradigm shift from merely providing “Advise and Content” to actively “Devise and implement”. There will be an appropriate emphasis on cross-border contracts. Towards the end of the training session, there will be some degree of focus on case management and Dispute Resolution. This is intentionally interwoven to appreciate the risks of inadequate drafting and consequences of insufficient understanding of all factors surrounding a contract. Breach and consequences of breach of contracts will be examined in the foreground of dispute resolution. This training will give participants practical examples of clauses and drafting exercises wherever appropriate. Course Director “Witness real time case studies for effective learning” INTERNATIONAL INSTITUTE OF BUSINESS INTELLIGENCE IIBI

Upload: others

Post on 23-Feb-2022

16 views

Category:

Documents


0 download

TRANSCRIPT

Best training to attend - A lifetime benefit

1) Mr. M R Prasanna – International Contract Expert

BenefitsTraining Focus

Your SolutionFor In-House Training Who Should Attend ?

CCF at International Bar Association, Group General Counsel (Retd) atAditya Birla Group, Chief Legal Advisor at Larsen & Toubro Limited,Head - Legal at Brooke Bond India Ltd, Manager - Law at Alfa-LavalIndia Ltd Administrative Officer - Legal at General Insurance CorporationIndependent Litigator at Bar Council Of India (Self-employed)

Date20th & 21st Of August 2019

Venue Hyatt Regency, Mumbai

If you have a number of delegates with similar training needs, then you may wish to consider having an In-House Training solution delivered locally on-site. Course can be tailored to specific requirements.

Advanced Contract Drafting, Negotiation

& Dispute Resolution

Attend this informative event and gain practical insights into:

Identifying the key factors to be taken care of while drafting a contract

Being skilful on your negotiation skills to gain favourable terms from the counter party

Mapping the risks and measure for mitigation strategies

Enhancing the in-house capabilities and reducing reliance on external counselmanage the varying capacity of incoming wastewater

Understanding the commercial realities in order Minimising cost contingencies and variations

Industries including

Legal Consultants

Head-Contract Administration & Management

F & B

To draft a patent contract

Drafting dispute resolution clauses in contracts to avoid or minimise costs of disputes with special emphasis on arbitration

Corporate Legal Counsel

General Counsel

Chief Counsel

Regional Counsel

Legal Managers

Corporate Legal Advisors

Company Secretaries

Senior Legal Practitioners

Lawyers

Arbitrators & Mediators

Procurement and Purchasing Managers Pharmaceuticals

Oil & gas

Manufacturing

Automobile

Telecommunications / IT

Legal firms

Government and professional services

and many more

Please Contacton +91 8928669386to discuss further

[email protected]

Head of Legal

Indian organisations are growing at an unprecedented phase. This necessitates every aspect of business be carried out in a most professional manner and more specifically the contracts to be carefully drafted to gain more favourable terms from the counter party by having to expend least resources possible.IIbI brings an exclusive training that will focus on honing the drafting and negotiating skills that participants currently possess. This unique training is aimed at taking the participants competency to the next level enabling them to enhance their in-house capabilities and lower reliance

on external counsel.

This enovative training serves the purpose of helping the in-house counsel to gravitate towards being a business lawyer and bring about a paradigm shift from merely providing “Advise and Content” to actively “Devise and implement”. There will be an appropriate emphasis on cross-border contracts. Towards the end of the training session, there will be some degree of focus on case management and Dispute Resolution. This is intentionally interwoven to appreciate the risks of inadequate drafting and consequences of insufficient understanding of all factors surrounding a contract. Breach and consequences of breach of contracts will be examined in the foreground of dispute resolution. This training will give participants practical examples of clauses and drafting exercises wherever appropriate.

Course Director

“Witness real time case studies for effective learning”

I N T E R N A T I O N A L I N S T I T U T E

O F B U S I N E S S I N T E L L I G E N C E

IIBI

Mr. M R Prasanna

CCF at International Bar Association, Group General Counsel (Retd) at Aditya Birla Group, Chief Legal Advisor at Larsen & Toubro Limited,

Head - Legal at Brooke Bond India Ltd, Manager - Law at Alfa-Laval India LtdAdministrative Officer - Legal at General Insurance CorporationIndependent Litigator at Bar Council Of India (Self-employed)

International Contract Expert

Honors and Awards

Gold Medalist in LawOutstanding Leader awardfrom the Chairman of the

Aditya Birla Group

Best Inhouse CounselAward by Asia Lawin 2005 and 2007

National Law Day Awardfrom the Prime Minister

in 2006.

Course Director

FOR MORE INFORMATION OR TO REGISTER Tel : +91 8928669386 | Email : [email protected] | Website : www.iibi-intl.com

Session 1: Formation of a Contract

1. The Recitals2. Covenants3. Reciprocal Obligations4. Representations & Warranties5. Breach6. Liquidated Damages7. Indemnities8. Guarantees9. Termination10. Force Majeure / Hardship11. Evolving a consensus on realistic approach to damages and penalties

Session 2: The Essentials of Drafting

1. Understanding the Objective2. Knowledge of the Counter-Party3. The Eco-System4. Standard Terms & Conditions5. Tender/Bid Documents6. Influence of Relative Bargaining Power7. Drafting the Various Clauses8. Binding & Non-Binding Agreements9. Warm-Up session with some simple documents10. Non-Disclosure, Non-Solicitation, Non-Compete11. Memorandum Of Understanding12. Difference between an Unincorporated and Incorporated JV.13. Understanding the meaning & purpose of Consortiums.14. Due Diligence15. Risk16. Recitals17. Formation of a JVC18. Corporate Governance – Board and Management19. Dead Lock Resolution.20. Golden Share21. Veto Rights22. Transfer Restrictions23. Understanding ROFR/ROFO/DRAG/TAG/PUT/CALL24. Breach25. Dispute Resolution26. Boiler Plate Clauses27. Schedules & Annexures28. Termination

Session 3: Managing legal risks in commercialcontracting

1. Anticipating and managing contractual risks2. Analysis of the legal risks associated with commercial contracts3. Protecting yourself effectively from risk4. Team exercise: Preparing a risk identification checklist

Session 4: Exploring service level contracts

1. An introduction to service level agreements2. Measuring the performance of service provision and effective performance-based measures

Session 5: Presentation on Negotiation SkillsThe Approach – Different Kinds

1. Dos & Don'ts2. Elements of Negotiation3. BATNA & ZOPA4. Why & When Negotiations Fail5. Re-Negotiation of a Concluded Contract: Is this possible? 6. Factors of Successful Negotiation7. Negotiation Practices8. Skill Sets-Rating Ones Negotiation Skills.(this involves a class-room self-evaluation)

Enhancing contract drafting and negotiation skills for achieving maximum out of your commercial

relationship and thus better contractual management

FOR MORE INFORMATION OR TO REGISTER Tel : +91 8928669386 | Email : [email protected] | Website : www.iibi-intl.com

Name : _________________________________________________

Position : _______________________________________________

Email : _________________________________________________

Name : _________________________________________________

Position : _______________________________________________

Email : _________________________________________________

Name : _________________________________________________

Position : _______________________________________________

Email : _________________________________________________

Organisation : ___________________________________________

Address : _______________________________________________

_______________________________________________________

Town: ______________ State: ______________ Postcode: _______

Tel: ( ) ______________________ Fax: ( ) _____________________

Nature of Business: _______________________________________

Company Size: [ ] 1-100 [ ] 100-500 [ ] 500-1000+

Authorization:

Signatory must be authorized to sign on behalf of contracting organization.

Name: _________________________________________________

Position: ________________________________________________

Signature: ___________________________ Date: ___/___/_______

This booking is invalid without a signature.

Fees :

[-] Professional training fee @ INR 39500 + Taxes

[-] Professional training fee for international participants @ USD

1000 + Taxes

[-] Table of 3 Delegates & benefit 10% Savings off the regular price.

[-] Table of 5 Delegates & benefit 15% Savings off the regular price.

[-] Table of 7 Delegates & benefits 20% Savings off the regular price.

Protection: for any reason whatsoever outside the control of IIBI

the venue or speakers change, or the event be cancelled due to an act of

terrorism, extreme weather conditions or industrial action, IIBI shall make an

effort to reschedule apartheid the client hereby atones & holds IIBI training not

detrimental from & against any & all costs, damages & expenses, including

attorneys fees, which are incurred by the client. The construction, validity &

performance of this Agreement shall be governed in all respect by the laws of

India to the exclusive jurisdiction of whose Courts the Parties hereby agree

to submit.

Business Opportunities

Please email [email protected] to discuss further possibilities.

Contact : International Institute of Business Intelligence Tel : +91 8928669386Email : [email protected]: 20th & 21st of August 2019Venue: Hyatt Regency, Mumbai

International Institute of Business Intelligence 905, JMS Business Center, Behrambaug, Jogeshwari West,

Mumbai 400102

Terms & Conditions :Imbursement Terms: Following conclusion & return of the registration form, entire sum is required within 5 working days from receipt of invoice.

PLEASE NOTE: It is mandatory to make the payment prior to the date of the event.1. The receipt of payment shall be duly acknowledged. Space constrains requires us to advise you for an early registration to evade any kind of disappointment.2. The company reserves the right to refuse admission if payment is not received on time.Termination & Replacement; provided if the total fee has been paid, we shall not charge extra for any replacement.1. We shall allow replacements within 14 days from the date of the event with an extra cost of 10%subject to an administration fee which is equal to 10% of the total fee to be transferred.2. All bookings carry a 50%cancellation liability instantly subsequent to a executed sales contract received by IIBI (as referred hereinabove. A written communication in regards to Cancellations must be six (6) weeks prior to the scheduled date of conference in order to obtain a full credit for any future International Institute Of Business Intelligence conference. The service charges are entirely non-refundable

3. Payments terms are stated hereinabove and are five days prior to the conference. Non-payment or non-attendance does comprise cancellation executing the contract; the client agrees that in case of dispute or cancellation of this contract IIBI will not be able to assuage its losses for any less than 50% of the total value of the contract.4. For whatsoever reason, IIBI decides to cancel or postpone the conference; IIBI shall not be responsible for covering airfare, hotel, or other travel costs incurred by clients. The conference fee will not be refunded, but shall be accredited to a, future conference.

PLEASE NOTE THE PROGAMME CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE:1. Copyright etc: All Intellectual property rights in all materials produced or distributed by IIBI in connection with this event is expressly reserved & any unauthorized duplication, publication or sharing is forbidden.2. Information regarding its clients are kept on IIBI group companies database & used by IIBI group companies to assist in providing preferred products & services which may be of attention to the client & which will be informed by Letter, Phone, Fax, (Inc. automatic dialing) Email or other electronic means. Ifyou do not want IIBI to do this please tick this box { } For training & security purposes telephone calls maybe recorded.3. Important note: While every reasonable effort will be made to hold fast to the advertised package, IIBI retains the right to modify event dates, sites ,location or omit event features, or merge the event with another event, as it feels essential without any penalty & in such situations no refunds, part refunds or alternative offers shall be made.4. The incident of enduringly cancelling the event IIBI for any reason whatsoever, (including, but not limited to any force majeure occurrence) & provided that the event is not postponed to a later date nor is merged with another event, the client shall receive a credit note for the amount that the client has paid to such incidentalcancellation of the event, legitimate for one year and can be substituted to any another IIBI event. No refunds, part refunds or alternative offers shall be made.

5. Governing law: This Agreement shall be governed & inferred in agreement with the law of India & the parties submit to the exclusive jurisdiction of the Indian Courts in Mumbai. However IIBI solitary retains the sole discretion of waiver & submits to the jurisdiction of the Court suiting the client.6. Client hereby reiterates that this Contract is valid, binding & enforceable; & that he/she has no basis to claim that any payments required under this Contract at any time are improper, disputed or unauthorized in any way.7. Client acknowledges that they have read & understood all terms of this

contract, including, without limitation, the provisions relating to cancellation.

& non-creditable.

FOR MORE INFORMATION OR TO REGISTER Tel : +91 8928669386 | Email : [email protected] | Website : www.iibi-intl.com