Business and Contract Law

Date	12-13 Mar 2012
Venue	DoubleTree by Hilton London-West End · Please contact us for help with booking accommodation
Price	EUR 1249.00 / GBP 999.00 (+VAT @ 20.00)% Falconbury Members pay EUR 625.00 / GBP 499.00 (+VAT @ 20.00%)
Info	BOOK BEFORE 31 JANUARY and SAVE €200/€250!
Get	Course brochure [357kb]
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Date	19-20 Jun 2012
Venue	Hilton Green Park Hotel · Please contact us for help with booking accommodation
Price	EUR 1249.00 / GBP 999.00 (+VAT @ 20.00)% Falconbury Members pay EUR 625.00 / GBP 499.00 (+VAT @ 20.00%)
Book	Book now online or learn about other ways of booking

Date	18-19 Sep 2012
Venue	Venue to be confirmed. · Please contact us for help with booking accommodation
Price	EUR 1249.00 / GBP 999.00 (+VAT @ 20.00)% Falconbury Members pay EUR 625.00 / GBP 499.00 (+VAT @ 20.00%)
Book	Book now online or learn about other ways of booking

Date	3-4 Dec 2012
Venue	Venue to be confirmed. · Please contact us for help with booking accommodation
Price	EUR 1249.00 / GBP 999.00 (+VAT @ 20.00)% Falconbury Members pay EUR 625.00 / GBP 499.00 (+VAT @ 20.00%)
Book	Book now online or learn about other ways of booking

Course overview

Guiding you through the legal complexities of commercial contracts to manage your legal risk

The law and regulations governing business and contract law are increasingly complex and now affect all industries and every type of commercial agreement; from entering into a contract, to validity of purchase conditions. If you are involved in commercial contracting or dealing with external parties at any level, you need to grasp the practical legal implications of these relationships to ensure you do not expose your organisation to unnecessary risk. Additionally you need to protect your company from litigation and anticipate legal pitfalls.

This programme combines up-to-date commercial law with practical methods of translating this law into documentation. It identifies and analyses the different types of contract and how the various statutes affect them, ensuring that you fully grasp the impact of current legislation and case law. By the end of the course you will be able to recognise and deal confidently with the risks and benefits of commercial contracts.

Why you should attend?

By attending this seminar, you will:

• Gain practical experience of effective contract negotiation
• Grasp the main issues impacting the early phase of offer and acceptance
• Learn how to create a formal contract
• Understand the legal background to common contract terms
• Identify and understand the role of payment and performance obligations
• Discover how to limit risk and identify the areas of potential claims
• Examine ways to skilfully avoid disputes
• Determine how to deal with and make defences to breach of contract
• Get-to-grips with EU competition law and its impact on business contracts
• Study some typical business agreements

Who should attend?

• Contract and commercial managers and engineers
• Sales and marketing managers
• Project and procurement managers

And all those involved in the negotiation, drafting and management of commercial business contracts

PRACTICAL DRAFTING WORKSHOPS

Throughout the programme there will be practical sessions using sample clauses providing the
opportunity to gain practical experience under the guidance of the expert presenters.

Programme - Day 1

Effective contract negotiation

• Preparing for negotiation
• Developing winning strategies
• Understanding the rules negotiation and culture
• Improving your communication skills
• Mapping routes to agreement

Offer and acceptance

• Defining the number of offers that can be on the table at any time
• Understanding what is a counter offer
• Examining what constitutes acceptance

Tools, techniques and terminology when creating a formal contract

• Informal contracts
• Standard terms
• Letters of intent
• Memorandum of Understanding
• Enforceable contracts

Getting to grips with how the law changes what you thought you had agreed to

• What are implied terms and where do you use them
• Working within government restrictions
• What is good faith and making it benefit your organisation
• Misrepresentation
• International convention

Understanding and effective drafting payment obligations

• Advance/stage payments
• Retention monies
• The role of bonds
• Credit insurance
• Letters of credit

Including constructive performance obligations

• Specific performance
• Condition precedents
• Delivery
• Force majeure
• The Doctrine of Frustration

Implications of law and regulations for international agreements

• Incoterms
• Personnel
• Price and payment terms
• Disputes
• Exporting

When things go wrong – Limit contractual risk for your organisation

• Identifying the areas of potential claims
• Examining claims in contract
• Examining claims in tort
• What are the claims under other headings
• Insurance

PRACTICAL DRAFTING EXERCISE
In this session participants will draft contract terms based on the skills and knowledge developed during the day under the guidance of experts

Programme - Day 2

Making defences to breach of contract

• Misrepresentation
• Duress
• Mistake
• Negligent misstatement

Termination – Understanding how and when contracts end

• Duration
• Liquidation
• Change of control

Successfully resolving contractual disputes

• Drafting key provisions to minimise the risk of disputes
• ADR clauses
• Arbitration – institutional or ad hoc

The impact of EU competition law

• Overview of key provisions
• Horizontal and vertical agreements
• Role of the block exemption regulations
• Areas to watch: pricing, market sharing, joint sales and purchasing, information sharing
• Consequences of infringement
• Compliance

PRACTICAL DRAFTING EXERCISE
In this session participants will practice drafting contract terms and practical receive advise and guidance of how they can develop in this area.

Some typical agreements
This session will review the terms and conditions of some typical agreements to illustrate how to avoid the legal pitfalls and challenges faced

• Service
• Supply
• Manufacture
• Licensing

PRACTICAL WORKSHOP: Drafting and understanding boilerplate clauses

• General provisions
• Confidentiality
• Costs
• Assignment
• Notices
• Law of the contract

The expert presenter

Programme Leader

Arun Singh (PROF) OBE, FRSA is an international lawyer and consultant to an international law firm. He was formerly a partner and Head of Commercial Law at KPMGLegal. Arun is cited and ranked in Chambers Guide of the World’s Leading Lawyers. He concentrates on international investment, joint ventures, licensing of technology, research and development, M&A, energy, outsourcing and corporate governance in developed and emerging markets. He also handles international legal risk management matters. Arun advises a range of international organisations. He is a Visiting Professor in International Business, Leadership and Negotiations at Salford University Business School, Senior Associate at Oxford University’s Institute of Legal Practice and teaches international leadership and negotiations at the University of Cambridge. He has facilitated programmes in Europe, Asia, the Middle East and the U.S and has worked with clients such as BA, BP, CMSLegal, Orange, Diageo, KPMG, Motorola. He was appointed an OBE by HM the Queen in January 1999 for services to international trade, investment and intercultural management. Arun is an editor and contributor to a number of publications, including Thorogood’s Special Report on Business and Contract Law, facilitator for company programmes and corporate speaker to conferences.

Expert Presenter

Susan Singleton is a solicitor with her own London firm, Singletons which specialises in competition law, intellectual property law, IT/ecommerce and general commercial law. Articled at Nabarro Nathanson, she joined Slaughter and May’s EC/Competition Law Department on qualifying in 1985, moving to Bristows in March 1988, where she remained until founding her own firm in 1994. Since then she had advised over 480 clients. She is author of over 30 law books on topics such as Internet and ecommerce law, competition law, commercial agency law, data protection legislation and intellectual property and writes fifteen legal articles a month. Susan is on the Committee of the Competition Law Association, is a member of the Licensing Executives Society (EC/Laws Committee) and serves on the Contracts Group of the Chartered Institute of Purchasing and Supply (CIPS) and is a member of the Society of Computers and Law and The Intellectual Property Lawyers’ Organisation (TIPLO).

Past delegates’ comments

Some of the comments received by participants on this course:

“Excellent speakers”

Lance Read, Avery Weigh-tronix

“Speakers depth of knowledge was impressive”

George Hawkes-Pippen, Nexor Ltd

“I found the course and the programme very interesting and useful experience for my future work. I will definitely keep an eye on your courses in the future”

Frank Siebert, Claudius Peters Projects GmbH

“I liked the negotiation and forming of contracts”

Matthew Lakelin, Penn Pharmaceuticals ltd

“Arun’s presentation style and anecdotal experiences enriched the course for me”

Lisa Smith, NUKEM Ltd

“Excellent presenters, good pace, worth the money and time”

David McKane, Equity Insurance Group

“Very well presented, entertaining and informative. Arun is very adept at citing relevant examples and cases and how they impact your realtime business”

David Pegg, Rotork Controls Ltd

“A very worthwhile course and time well spent”

Stephen Gill, City Information Services Ltd

“I found the course to be excellent and informative while covering a variety of subjects relevant to me”

Nigel Biggs, Nomura Asset Management UK Ltd

“Completely relevant”

Daryl D Rees, Phytopharm plc

“I liked the examples given and discussion”

Stephen Moore, Motorola

“Interesting and extremely relevant to my role. Seminar met it’s objectives and my expectations”

Neil Burrows, Hi-Q

“The course was informative and enjoyable and was pitched at the right level for people from a non-legal background”

Aidan Walsh, Taysec Constructions Ltd

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Client portfolio

Our client portfolio for this course includes the following companies:

A4E	Iansyst Ltd	SOCHINAZ SA
ARJOHUNTLEIGH	Icons Solutions Ltd	SRK Consulting (UK) Ltd
Antisoma Research Ltd	International Paint Ltd	Schroders
BBC Monitoring	Learning & Skills Council	Sir Robert McAlpine Ltd
BIS Salamis	MacLellan Int Ltd	Solen Versicherungen AG
Babcock Defence Services	May Gurney Ltd	Solvay SA
Barron McCann Technology Ltd	Metro Safety	Space Decks Systems Ltd
Boehringer Ingelheim Pharma GmbH&Co KG	Modern Humanitarian Academy	Spellman High Voltage Ltd
Boston Scientific Ltd	Motor Sports Assocation	Sterling Energy (UK) Ltd
CAE (UK) Plc	Motorola	TASC
CEPSA EP, SA	Mourik Uk Ltd	TRACERCO
CIGNA International	NUKEM Ltd	Taysec Construction Ltd
Cambridge Consultants Ltd	National Grid Transco plc	Telesoft Technologies Ltd
Cementia Trading AG	Nigerian Communications Commission	Tendeka / Swellfix UK
City Masty	Nomura Asset Management UK Ltd	The British Museum
ESA/ESTEC	Nuclear Power Plant KRSKO	The Insolvency Service
Edgen Murray Europe Ltd	PCT Group Sales Ltd	Tony Gbegbaje & Co
Equity Insurance Group	Penn Pharmaceuticals Ltd	University of Ulster
Fugro Geos Ltd	Petróleo Brasileiro SA – PETROBRAS	University of York
General Dynamics UK Ltd	Phytopharm plc	Van Oord ACZ BV
Goodrich Engine Control Systems	Pindar Graphics Scarboroug	Vand Ltd
Gro-group international ltd	QA Ltd	Vector Aerospace Component Services
HFG	Quanticate International Ltd	White Young Green
Herbert Retail Ltd	R&D Directorate NHS Grampian	Wm Morrisons Supermarket Plc
Hutchinson Ports UK Ltd	Reliance Precision Ltd	Xafinity Paymaster
INTERBETON B V – Bam International	Rotork Controls Ltd	buyat

Do you have a team of contract, procurement or project managers who are facing unique challenges in managing your organisations contracts?

Challenges translate to risk and in today’s environment of bespoke and standard contracts these risks can be mitigated with an understanding of the practical legal implications of a contract which can benefit both the Client and Supplier. Falconbury deliver business and contract law programmes In-House for a number of organisations in the UK and Europe. By focusing on Your Contracts terms and conditions we can tailor the course to your needs.

For more information call Caroline Glen on +44 (0)20 7729 6677 or visit our contact page and we will get back to you immediately.