Commercial Contract Masterclass

Negotiation, Drafting and Dispute Management

20 December 2019

9:00 AM - 6:00 PM

The Eros Hotel, New Delhi



Introduction

Contract management is one of the core activities of a modern day organization as majority of an organization’s operation being under contracts with customers, suppliers, service providers, vendors and consultants. It’s vital that contracts should be aligned with the business expectation and professionals should be well versed with the drafting techniques and expertise to foresee the associated risk and design the contracts in the best interest of their organization. The importance of understanding contractual agreements has considerably increased since most business processes are governed through contractual relationships.


Edvancedge Knowledge Ventures upcoming initiative “Commercial Contract Masterclass – Negotiation, Drafting and Dispute Management” aims towards essential updates in commercial and legal issues pertaining to commercial agreements and helps improve the negotiation and drafting skills of the professionals involved. This full day masterclass will help organizations to reduce exposure, avoid litigation and implement dispute management by being fully conversant with the knowledge, skills and strategies in ensuring that the contracts are well negotiated, drafted and managed. Participating professionals will get a chance to hear and interact with experts on: 

-  How contracts have been drafted today and,what are the potential alternative drafting strategies and structures?

-  How contracts are negotiated including techniques for negotiation on contract variations and claims.

-  Effective risk control measures to minimize legal exposures and avoid disputes.

-  Necessary skills required to effectively manage contractual pitfalls and implement dispute resolution mechanism.


BENEFITS OF ATTENDING


-  Increase efficiency and effectiveness within organisational processes

-  Possess knowledge on the latest best practices in contract strategy

-  Build strong and effective contracts

-  Improved supplier performance

-  Improved understanding on legal issues which allow for more effective management of legal rights

-  Possess confidence in discussing contract issues with lawyers and different parties

-  Effective risk reduction and conflict resolution


Who Should Attend?

A must attend workshop for anyone who has to negotiate, manage, transact or resolve disputes with third parties, including but not limited to:

 

-   Contract Administration & Management Professionals

-   Legal Heads & General Counsels

-   Legal Managers & Legal Executives

-   Corporate Legal Advisors

-   Deal Makers

-   Company Secretaries

-   Corporate Lawyers

-   Arbitrators & Mediators

-   Procurement & Purchasing Managers

-   Relationship Managers

 


Agenda

09:30 AM - 10:45 AM 

NEGOTIATION OF COMMERCIAL CONTRACTS


Contract negotiations are a process that involves discussing and compromising on contract terms in order to reach a final agreement between two or more parties involved in a transaction. In most contract negotiations, each party tries to negotiate for the best interest of themselves or their business. The negotiation aspect of a transaction is very important because once the contract is finalized all parties are legally bound to the terms of the contract and cannot overlook them without being liable.


Takeaways:- 
  • What is the best approach of contract negotiation
  • When is a contract enforceable
  • How to access a deal or no deal situation
  • Determining the rights and obligations of all the parties involved
  • Various Factors that can affect the negotiation process



11:00 AM - 12:30 PM

A HANDS-ON GUIDE TO DRAFTING COMMERCIAL CONTRACTS


Contract drafting is one of the most crucial parts of the contract management lifecycle. Clarity and precision in contract drafting are essential for making sure that both party’s needs are met. Having a well-drafted contract during a business deal can help provide a strong layer of legal protection.


Takeaways:-

  • The Contract Law fundamentals and elements
  • Difference between MOU, Letter of Intent and an agreement
  • Conversion of MOUs and Letter of Intent into formal contracts
  • Introductory Provisions including Parties, Recitals, Definitions etc
  • Critical Provisions including Appointment, Conditions Precedent, Consideration, Covenants
  • Term & Termination, Representations and Warranties & Indemnities
  • General Clauses like Governing Law, Arbitration, Force Majeure, etc


01:30 PM - 02:45 PM

TECHNIQUES OF DRAFTING INTERNATIONAL CONTRACTS


Contracts with international business partners can be more complicated than you think. By the very nature, transnational commercial agreements include inherently unique issues, risks and challenges, including, but not limited to, the location and the law under which any disputes will be litigated or arbitrated. Hear and interact with the expert on the main international legal instruments governing international contracts and gain essential skills and knowledge that is required to negotiate and draft international contracts.


Takeaways:-
  • Key elements in cross border agreements: What are the terms unique to overseas contracts?
  • Various jurisdictions issue: Complying with overseas jurisdiction and coinciding with the rule
  • Effective techniques of drafting international commercial contracts
  • Dispute resolution provision in international contracts


03:00 PM - 04:15 PM

DISPUTE RESOLUTION CLAUSES AND MECHANISM


A contract's dispute resolution clause sets out the way the parties will resolve disputes. It provides a neutral set of agreed-upon guidelines that will help maintain a good business relationship and minimize the amount of time and money spent working out issues.  Attention to dispute management issues at the time of contract drafting may avoid costly and risky experiences later, and will in any event firmly place responsibility and accountability on the parties themselves.


Takeaways:
  • Understanding and identification of dispute prone areas
  • Possible consequences and the medium of dispute resolution mechanisms
  • Remedies for disputes emerging from contracts
  • ADR provision in contracts
  • Litigation or Arbitration - A comparative analysis
  • Role of corporate counsel in dispute management
  • Checklist for drafting dispute management clauses


04:15 PM - 05:30 PM

MODIFICATIONS, BREACH AND TERMINATION OF CONTRACTS


In a perfect world, agreements would be entered into, both sides would benefit and be pleased with the outcome, and no disputes would arise. But in the real world of business, delays happen, financial problems can crop up, and other unexpected events can occur to hinder or even prevent a successful contract from being carried out. What are your options?


Takeaways:-
  • Modification of a contract by negation, accord and satisfaction or by simple variation
  • Documentations involved in contract modification and variation, right time for “Lock-in-period”
  • Anticipating contractual obligations to breach of a contract
  • Filing a breach of contract complaint
  • Breach versus repudiation
  • Partial breach, material breach of contract, anticipatory breach of contract

Experts

Bhumesh Verma

Bhumesh Verma
Managing Partner - Corp Comm Legal

Bhumesh is the Managing Partner of Corp Comm Legal, an independent Indian law firm headquartered in New Delhi. Having started his career at Ajay Bahl & Co. (now part of AZB & Partners), Bhumesh went on to work with some of the best law firms in India. He received Read More..

Tejas Karia

Tejas Karia
Partner and Head of Arbitration - Shardul Amarchand Mangaldas & Co.

Tejas Karia is a Partner and heads the Arbitration practice at Shardul Amarchand Mangaldas. He has wide experience in handling International and Domestic Commercial Arbitrations across sectors involving disputes relating to Oil & Gas, Shareholders’ Agreements, Joint Ventures, Construction and Infrastructure, Insurance, Real Estate and Pri Read More..

KPS Kohli

KPS Kohli
Partner - Dhir & Dhir Associates

KPS Kohli is a Partner of the firm and has experience of over 10 years in Telecommunications, IT, Arbitration, Insolvency, Aviation, Public Policy, Corporate and Commercial. He has worked with various notable conglomerates and regularly advises clients on complex legal matters and the impact on businesses of the changes in policies of the Gov Read More..

Partners

INDIA LAW JOURNAL

INDIA LAW JOURNAL
Industry Partner

India Law Journal is a global law journal available at www.indialawjournal.org


ILJ is dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters by igniting the initiative and desire of young law students to contribute in the field of law alongside the erudite response of legal luminaries.  Read More..


LAWYERED

LAWYERED
Legal Tech Partner

Lawyered is India’s first and only legal tech discovery platform helping in the discoverability of legal professionals and helping startups, corporates, SMEs and individuals to connect with Read More..


LAWYERSCLUBINDIA

LAWYERSCLUBINDIA
Online Media Partner

Lawyersclubindia.com is an interactive platform for the legal fraternity and general public. LCI is the largest network of Lawyers for knowledge sharing with more than half a million (5 lacs) members. At LCI we are connecting a bridge between Lawyers and people to make our society aware of their rights and the law. Today, our website provides its 5 lac-plus members with a gamut of services like: 

•  A platform for int Read More..


Venue

THE EROS HOTEL
Address: Nehru Place, New Delhi - 110019
Contact No. 011 4122 3344

Registration

Standard Registration Fee per delegate:                                      INR 12,000 + 18% GST

10% Discount on 3 or more registrations:                                    INR 10,800 +18% GST


HOW TO REGISTER


ONLINE REGISTRATION

Using Credit / Debit Card

CLICK HERE 

OFFLINE REGISTRATION

Through Cheque / Demand Draft

DOWNLOAD FORM


You can also make payments via Electronic transfer, submit cheque or deposit cash into our business account:

Beneficiary Name:          Edvancedge Knowledge Ventures Private Limited

Bank Name:                   Andhra Bank

Account number:            158811100002458

IFSC Code:                     ANDB0001588

Branch Name:                 Mayur Vihar Branch, New Delhi 


Cheques / DD to be made in favor of “Edvancedge Knowledge Ventures Private Limited” payable in Delhi to:


Edvancedge Knowledge Ventures Private Limited

146 – E, Pocket – 1,

Mayur Vihar, Phase – 1,

Delhi – 110091


CONTACT US


For any queries, please contact:


Anand Sharma

+91 9868 806 791

anand@edvancedge.com

Saurabh Kumar Gupta

+91 9821 782 629

saurabh@edvancedge.com


TERMS & CONDITIONS


  • All the registrations will be confirmed on first come first serve basis
  • Registrations will be confirmed only at the receipt of the payment
  • Delegates must ensure to send along the signed copy of the registration form while paying via cheque / demand draft.
  • Registration fee includes your attendance at the masterclass, delegate kit, lunch & refreshments at the venue and participation certificate.
  • Registration(s) are NOT refundable, however in an event of cancellation you can either substitute another delegate at your place or avail future credit benefits of the amount paid.
  • Cancellations or Substitutions must be informed latest by one day prior to the event; failing which you won't be eligible for the benefits.
  • Edvancedge Knowledge Ventures Private Limited reserve the right to make necessary changes to the Agenda in order to best suit the objectives of the event. Every effort will be made to keep presentations and speakers as represented. However, unforeseen circumstances may result in the substitution or re-scheduling or cancellation of a presentation, topic or speaker - in part or whole
  • Delegates are personally responsible for their belongings at the venue. Edvancedge Knowledge Ventures Private Limited or the Event hosting facility management will not be held responsible for any stolen or missing items belonging to Delegates, Speakers or Attendees.


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