Understanding and Drafting Standard Contract Clauses

This two-day no nonsense plain English practical drafting contract clauses course enables you to further your technical knowledge to deliver and manage successful contracts every time.

2-3 Nov 2010
27-28 Apr 2011

Date	2-3 Nov 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 [2.75mb]
Book	or learn about other ways of booking

Date	27-28 Apr 2011
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	or learn about other ways of booking

Course overview

Ensuring you recognise and deal confidently with the risks and benefits presented by commercial contracts is key to protecting your organisation from disputes. Commercial agreements present a minefield of legal and commercial pitfalls that must be recognised to be avoided and managed successfully.

Following on from the success of our highly popular practical programme Business and Contract Law – Part I, this advanced course has been specifically developed to deliver more best practice techniques and solutions to complex legal and commercial contracting issues for the busy commercial manager.

With a focus on practical development this programme combines up-to-date commercial law with negotiation and drafting techniques. It analyses specific clauses, from pre-contract through to termination and dispute, that are essential for contracts in today’s demanding commercial environment.

Who should attend?

Participants will need a basic knowledge of business and contract law to attend this programme:

Contracts and commercial managers
Business development managers
Sales and marketing managers
Project managers
Procurement and operations managers

All those involved in the negotiation, drafting and management of commercial contracts

Why you should attend?

By attending this seminar you will:

Gain a clear understanding of pre-contract enforceability and it’s impact in different countries
Grasp the main issues connected with financial clauses, termination and variation and warranties
Build your negotiation and influencing skills through practical experience
Learn techniques to draft exclusion, limitation and damage clauses to your advantage
Get-to-grips with the key implications of Force Majeure to ensure you can successfully manage the impact if and when it arises for your organisation
Determine the effect of different legal systems on your contract and how to structure and draft to manage variation
Examine practical ways to skilfully avoid dispute through resolution tactics
Study some specific agreements and the legal pitfalls and challenges they bring with them
Get answers to any specific concerns or situations you may have encountered commercially in the ‘Contracts Clinic’

Programme - Day 1

Pre-contract Documents and Enforceability

Drafting
MoU’s
Heads of Agreement/Terms
Effect in different countries – good faith

PRACTICAL DRAFTING WORKSHOP – Pre-contract Documents and Enforceability

Financial Clauses

Price
Escalation
Payment terms
Payment guarantees

Warranties

Current use in contracts
Difference between warranties, guarantees, indemnities and representations
Privity
Contracts (Rights of Third Parties) Act
Latest cases – Infiniteland and fair disclosure

Termination and Variation

Construction
Repudiation
Unilateral variation
Termination events
Effect of termination

International impact

Examples of different approaches
Interpretation
Drafting
‘Best Effort’ & ‘Reasonable Endeavours’
Confidentiality Agreements
Penalty Clauses
Termination Clauses

Influencing and Negotiating Contracts

Frameworks and styles for success
Supportive
Competitive
Restless
Consolidative

PRACTICAL WORKSHOP – Influencing and Negotiating for Drafting Contracts

Programme - Day 2

Exclusion, Liability and Damages Clauses

Limitation – Civil and common law
Liquidated and ascertained damages clauses
Penalty clauses
Direct and indirect damages

PRACTICAL DRAFTING WORKSHOP – Exclusion, Liability and Damages Clauses

Force Majeure

Increased importance in current international environment
Comparison of Force Majeure and Economic Hardship Clause
Doctrine of Frustration
Changing circumstances and unforeseen events
Defining events
Re-execution and re-negotiation

PRACTICAL DRAFTING WORKSHOP – Force Majeure

Boilerplate Clause

Key areas of disputes
Assignment/Novation
Notices
Entire agreements

Practical and Key Issues of Drafting and Selecting Dispute Resolution Clauses

Conciliation
Mediation
Courts
Arbitration
ADR
Advantage/disadvantages of different routes
Selection exercise

PRACTICAL DRAFTING WORKSHOP – Structuring Documents and Use of Language

Examining Specific Agreements

Joint ventures and strategic alliances
Licensing
Agency and distribution
Mergers and acquisitions

CONTRACTS CLINIC

Delegates raise specific issues past, present or future

The expert presenter

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 and is a senior associate of Oxford University Institute of Legal Practice. He teaches international negotiations at Cambridge University, he also teaches and trains as a member of the joint Duke University London School of Economics Corporate Education Network. He was appointed an OBE in January 1999 for services to international trade and investment and is a non-executive director of the Board of the UK Trade and Invest Office and of Cultural Dynamics.

Past delegates’ comments

Some of the comments received by participants on this course:

“Interesting, amusing and involving”

Francesca de la Feld, European Space Agency

“Good overview of business contracts, easy to grasp a good understanding with no legal background”

Claire Simons, IGI Insurance Co Ltd

“This seminar is useful, practical and informative. It is an excellent overview with interactive methods applied”

Mehmet G, Yamaners & Yamaner Law Office

“Excellent course, well run and made a slightly dry subject into an engaging and enjoyable course”

Roy Dallas, 3i

“Arun’s presentation was excellent”

Paul Shilston, TRW Automotive

You might also be interested in...

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

Sector	Course	Type
	Drafting Commercial Contracts A practical one day programme designed to develop your skills to draft clear and concise commercial agreements	Training course & In-house training 5 Oct 2010 1 Dec 2010 2 Mar 2011
	Drafting and Understanding Boilerplate Clauses A one-day guide, featuring practical tips and techniques, to drafting clear and concise boilerplate clauses	Training course & In-house training 6 Oct 2010 2 Dec 2010 3 Mar 2011
	Business and Contract Law A two-day no-nonsense plain English practical course to get-to-grips with business and contract law for busy business executives.	Training course & In-house training 21-22 Sep 2010 2-3 Dec 2010 15 Mar 2011
	Effective Contract Management A logical, systematic and comprehensive approach to proactively managing and administering contracts.	Training course & In-house training 6-7 Dec 2010
	Successful Contract Management and Administration A SELF-MANAGED WRITTEN DISTANCE LEARNING COURSE. This practical step-by-step course is designed to ensure that your contract administration and management skills allow you to fully control your commercial contracts. Build your knowledge of best practice techniques in 8 modules over 8 weeks (approx 3-4 hours study a week).	Distance learning 11 Oct 2010, 8 weeks Download available
	Effective Commercial Management Skills This course has been developed to cover the multi-faceted role of the commercial manager. It provides you with the best practice techniques and tools to help you achieve your maximum potential in this role.	Distance learning 11 Oct 2010, 8 weeks Download available
	Effective Contract Negotiation Negotiate your way to commercial success with this one-day intensive contract negotiation workshop.	Training course & In-house training 8 Dec 2010

Sector

Course

Type

Drafting Commercial Contracts

A practical one day programme designed to develop your skills to draft clear and concise commercial agreements

Training course &
In-house training

5 Oct 2010
1 Dec 2010
2 Mar 2011

Drafting and Understanding Boilerplate Clauses

A one-day guide, featuring practical tips and techniques, to drafting clear and concise boilerplate clauses

Training course &
In-house training

6 Oct 2010
2 Dec 2010
3 Mar 2011

Business and Contract Law

A two-day no-nonsense plain English practical course to get-to-grips with business and contract law for busy business executives.

Training course &
In-house training

21-22 Sep 2010
2-3 Dec 2010
15 Mar 2011

Effective Contract Management

A logical, systematic and comprehensive approach to proactively managing and administering contracts.

Training course &
In-house training

6-7 Dec 2010

Successful Contract Management and Administration

A SELF-MANAGED WRITTEN DISTANCE LEARNING COURSE. This practical step-by-step course is designed to ensure that your contract administration and management skills allow you to fully control your commercial contracts. Build your knowledge of best practice techniques in 8 modules over 8 weeks (approx 3-4 hours study a week).

Distance learning

11 Oct 2010, 8 weeks
Download available

Effective Commercial Management Skills

This course has been developed to cover the multi-faceted role of the commercial manager. It provides you with the best practice techniques and tools to help you achieve your maximum potential in this role.

Distance learning

11 Oct 2010, 8 weeks
Download available

Effective Contract Negotiation

Negotiate your way to commercial success with this one-day intensive contract negotiation workshop.

Training course &
In-house training

8 Dec 2010

Client portfolio

Our client portfolio for this course includes the following companies:

3i plc	European Space Agency	Reliance Security Group plc
ABB Ltd	Fives FCB	Rio Tinto
ALBION CHEMICAL DISTRIBUTION	Fokker Elmo	SCom Group Ltd
Actelion Pharmaceutical Ltd	GSL UK Ltd	SEAMS Ltd
AgustaWestland	Ghana Ports & Harbours Authority	Schlumberger Overseas SA
BAE Systems	Haldor Topsoe AS	Solvay SA
Barbados National Oil Co Ltd	IGI Insurance Co Ltd	Sungard Public Sector Ltd
Boehringer Ingelheim Pharma GmbH&Co KG	IMO Ltd	Sungard Vivista Ltd
Brenntag UK Ltd	Integrated Research	THOMSON SA
CEL International Ltd	KDS UK Ltd	TROX UK Ltd
Cannons Health & Fitness Ltd	NEC Technologies (UK) Ltd	TRW Automotive
DAS Legal Expenses Insurance Co Ltd	NUKEM Ltd	Tamoil SA
DHV Holding BV	NUKEM/Nuvia Ltd	Thales
Defence Aviation Repair Agency (DARA)	OMantel	Thermo Fisher Scientific
EADS Astrium Ltd	Petrofac Facilities Management Int’l	Trane (UK) Ltd
Earth Observation Contracts Service	Playboy TV UK Benelux Ltd	West Berkshire Council
Euro Control	Provident Financial Management Service	Yamaners & Yamaner Law Office

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.