Blog & industry commentary
Follow us on Twitter
|
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. |
Commercial Contracting
Business LawThere are no confirmed dates for this event at present. Please bookmark this page and return at a later date or contact us with your details to be added to our priority notice service.
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
- 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
- Answer 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 – Confidentiality Agreements
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
Termination and Variation and Drafting Tips
- 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
PRACTICAL WORKSHOP – Drafting Standard Clauses
Including key issues to look out for to ensure you minimise risk.
Programme - Day 2
Exclusion, Liability and Damages Clauses
- Limitation – Civil and common law
- Liquidated and ascertained damages clauses
- Penalty clauses
- Direct and indirect damages
- Approach to drafting
PRACTICAL DRAFTING WORKSHOP – Exclusion, Liability and Damages, LAD’s Clauses
Key tips to drafting these clauses effectively.
Clauses to re-visit and amend-Force Majeure and Retention of Title
- Force Majeure and Economic Hardship Clause
- Doctrine of Frustration
- Changing circumstances and unforeseen events
- Defining events
- Re-execution and re-negotiation
- Retention of title
PRACTICAL DRAFTING WORKSHOP – Force Majeure and Retention of Title
Boilerplate Clause-drafting key clauses to avoid common mistakes
- Key areas of disputes
- Assignment/Novation
- Time is of the essence
- Notices
- Entire/whole agreement
Dispute resolution clauses-practical and key issues of drafting and selecting
- Conciliation
- Mediation
- Courts
- Arbitration
- ADR
- Advantage/disadvantages of different routes
- Selection exercise
PRACTICAL DRAFTING WORKSHOP – Structuring Documents and Use of Language
Examining Specific Agreements
- Licensing
- Agency and distribution
- Consultancy
PRACTICAL WORKSHOP-CONTRACTS CLINIC
Delegates raise specific issues past, present or future
The expert presenter
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. He is a recognised corporate educator and a non-executive director of 4 international investment companies one of which is listed on the London Stock Exchange chairing the Audit Committee and Investment Committee.
Arun’s work for SME’s and clients such as BA, BP, CMSLegal, Orange, Diageo, KPMG and Motorola includes working with managers on business skills such as leadership, impact and influence, team dynamics, international management negotiations and conflict resolution. 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.
Past delegates’ comments
Some of the comments received by participants on this course:
“Good overview of business contracts, easy to grasp a good understanding with no legal background”
Claire Simons, IGI Insurance Co Ltd
“Interesting, amusing and involving”
Francesca de la Feld, European Space Agency
“Arun’s presentation was excellent”
Paul Shilston, TRW Automotive
“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
“Practical, involving, thought provoking, excellent.”
Daniel Law, Cannons Health & Fitness Ltd
You might also be interested in...
Delegates who attended this course also went on the following courses:
| Sector | Course | Type |
|---|---|---|
  |
Drafting Legal ClausesA one-day guide, featuring practical tips and techniques, to drafting clear and concise boilerplate clauses |
In-house training 8 Feb 2012 |
   |
Business and Contract LawA two-day no-nonsense plain English practical course to get-to-grips with business and contract law for busy business executives. |
Training course & 12-13 Mar 2012 |
|
|
Effective Contract ManagementA logical, systematic and comprehensive approach to proactively managing and administering contracts. |
Training course & 25-26 Jun 2012 |
 |
Successful Contract Management and AdministrationA FLEXIBLE, SELF-MANAGED 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 each requiring between 3 to 4 hours study to be completed as you choose |
Distance learning 30 Dec 2012, 8 weeks |
|
|
Effective Commercial Management SkillsMaximise your profits by reducing costs and risks and develop your commercial relationships with this 8 module, self-managed and flexible distance learning course. |
Distance learning 30 Dec 2012, 8 weeks |
|
|
Effective Contract NegotiationNegotiate your way to commercial success with this one-day intensive contract negotiation workshop. |
Training course & |
Client portfolio
Our client portfolio for this course includes the following companies:
| ABB Ltd | Euro Control | Reliance Security Group plc |
| ALBION CHEMICAL DISTRIBUTION | European Space Agency | Research & Innovation Services |
| Actelion Pharmaceutical Ltd | Exterran | Rio Tinto |
| AgustaWestland | FAURECIA | S&T Romania SRL |
| Atradius | Fives FCB | SCom Group Ltd |
| Audit Commission | Fokker Elmo | SEW Eurodrive Ltd |
| Axens SA | GSL UK Ltd | Schlumberger Overseas SA |
| BAE Systems | Ghana Ports & Harbours Authority | Siemens AG |
| BAE Systems Plc | Haldor Topsoe AS | Sodexo SA |
| BELUPO dd | Hellenic Postbank | Solvay SA |
| BG Group plc | Huvepharma Ad | Sterling Energy (UK) Ltd |
| Barbados National Oil Co Ltd | IGI Insurance Co Ltd | Strainstall UK Ltd |
| Barratt Development Plc | IMO Ltd | Sungard Public Sector Ltd |
| Boehringer Ingelheim Pharma GmbH&Co KG | Inca Digital Printers Ltd | Sungard Vivista Ltd |
| Brenntag UK Ltd | Inmarsat | THOMSON SA |
| CEL International Ltd | Integrated Research | TROX UK Ltd |
| Cannons Health & Fitness Ltd | K3 BTG PLC | TRW Automotive |
| Capricorn Energy Ltd | KDS UK Ltd | Thales |
| Coca-Cola Enterprises Services | KINESIS HOLDING BV | The Emerging Markets Telecommunications Services Limited (Etisalat Nigeria) |
| DAS Legal Expenses Insurance Co Ltd | NEC Technologies (UK) Ltd | Thermo Fisher Scientific |
| DHV Holding BV | NNPC | Trane (UK) Ltd |
| Daar Communications Plc | NUKEM/Nuvia Ltd | Transactis |
| Detica | National Audit Office | University of Nottingham |
| EADS Astrium Ltd | National Water Company | WDR |
| ESA/ESTEC | Petrofac Facilities Management Int’l | West Berkshire Council |
| Earth Observation Contracts Service | 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.
