Business and Contract Law

Date	16-17 Mar 2010
Venue	ETC - The Hatton · Click here for accommodation help
Price	EUR 1249.00 / GBP 999.00 (+VAT @ 17.50)% Members of our Training Partnership scheme pay EUR 625.00 / GBP 499.00 (+VAT @ 17.50%)
Get	Course brochure [196kb]
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Date	14-15 Jun 2010
Venue	Grange Holborn Hotel · Please contact us for help with booking accommodation
Price	EUR 1249.00 / GBP 999.00 (+VAT @ 17.50)% Members of our Training Partnership scheme pay EUR 625.00 / GBP 499.00 (+VAT @ 17.50%)
Get	Course brochure [214kb]
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Date	21-22 Sep 2010
Venue	Venue to be confirmed. · Please contact us for help with booking accommodation
Price	EUR 1249.00 / GBP 999.00 (+VAT @ 17.50)% Members of our Training Partnership scheme pay EUR 625.00 / GBP 499.00 (+VAT @ 17.50%)
Book	Book now online or learn about other ways of booking

Date	29-30 Nov 2010
Venue	Venue to be confirmed. · Please contact us for help with booking accommodation
Price	EUR 1249.00 / GBP 999.00 (+VAT @ 17.50)% Members of our Training Partnership scheme pay EUR 625.00 / GBP 625.00 (+VAT @ 17.50%)
Book	Book now online or learn about other ways of booking

Course overview

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 they are affected by the various statutes, ensuring that you fully grasp the impact of current legislation and case law.

This seminar is designed to offer a comprehensive and practical introduction to business contract law for non-lawyers. After two days, attendees will have gained the necessary knowledge to enable them to recognise and deal confidently with the risks and benefits of commercial contracts.

Featuring practical drafting workshops

The programme also includes two hands-on drafting exercises when participants will have an opportunity to practice their newly acquired drafting skills together with a workshop session on boilerplate clauses.

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 managers and engineers
• Commercial managers
• Sales and marketing managers
• Project managers

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

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

• What the rules say
• Prohibited agreements
• Areas to watch – pricing; quantity restriction
• Market sharing; public procurement rules; joint buying & selling
• When the rules apply – De Minimis
• Horizontal and vertical agreements
• The role of the Block Exemptions

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 OBE, is an international lawyer at Grundberg Mocatta and Rakison LLP he was formerly a partner and Head of Commercial Law at KPMG Legal. 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 (including Asia and the Middle East), and also handles international legal risk management matters. He advises a range of international organisations.

Expert Presenter

Susan Singleton is a solicitor with her own London firm, Singletons which specialises in intellectual property law, including trade marks and competition law, Internet law 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 has advised over 500 clients. According to the Chambers and Partners Legal Directory she is one of the UK’s leading IT lawyers. In 2002 she acted for the claimant in the first damages action for breach of the EU competition rules to come before the English courts Arkin v Borchard and others. Her clients range from major plcs and institutions to small start-up businesses. She is author of over 30 law books on topics such as Internet and e-commerce law, competition law, commercial agency law, data protection legislation and intellectual property and writes twenty legal articles a month. Her books include best-selling E-mail – Legal Issues, Data Protection Law for Employers and Websites and the Law all published by Thorogood. She is a frequent speaker in the intellectual property, competition and commercial law fields, both in the UK and abroad.

Past delegates’ comments

Some of the comments received by participants on this course:

“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

“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

“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

“I liked the examples given and discussion”

Stephen Moore, Motorola

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

Lisa Smith, NUKEM 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

“Speakers depth of knowledge was impressive”

George Hawkes-Pippen, Nexor Ltd

“I liked the negotiation and forming of contracts”

Matthew Lakelin, Penn Pharmaceuticals ltd

“Excellent speakers”

Lance Read, Avery Weigh-tronix

“Completely relevant”

Daryl D Rees, Phytopharm plc

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

David McKane, Equity Insurance Group

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

Neil Burrows, Hi-Q

“A very worthwhile course and time well spent”

Stephen Gill, City Information Services Ltd

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Delegates who attended this course also went on the following courses:

Client portfolio

Our client portfolio for this course includes the following companies:

Aeroflex	Fugro Geos Ltd	Pratt & Whitney Canada-Customer Services Centre –
Aon Ltd	Giant Consultancy LTD	Quanticate International Ltd
BBC Monitoring	Good Energy Ltd	SC Petromservice SA
Babcock Integrated Technology	Goodrich Engine Control Systems	SCA Packaging Ltd
Britannia Operator Ltd	Gro-group international ltd	SEAMS Ltd
British Library	HBO Holding Zrt	SRK Consulting UK LTD
British Nuclear Group Ltd	HIAB GBO Ltd	Schneider Electric
CB&I UK Ltd	Hutchinson Ports UK Ltd	Solvay Pharmaceuticals GmbH
CEL International Ltd	IGI Insurance Co Ltd	Sovereign Housing Group
Cambridge Consultants Ltd	INTELSAT	TRACERCO
City Information Services Ltd	Iansyst Ltd	VEN Management Ltd
Claudius Peters Projects GmbH	LFB	Vaisala Oyj
DESQ LTD	NOVAGALI PHARMA	Waste Management Technology Ltd
Dimension Data Networks Ltd	NUKEM Ltd	White Young Green
EADS Deutschland GmbH	Nokia Siemens Networks GmbH & Co KG	Wm Morrisons Supermarket Plc
Eastman Chemical (UK) Ltd	Petrofac Training Ltd	Xafinity Paymaster
Endress & Hauser Instruments International	Phytopharm plc	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.