Negotiating, Drafting & Understanding Contract


Objectives

  • Understand the need to negotiate the “deal” before structuring the contract documentation
  • Utilise tools & techniques to assist in such negotiations & enhance the efficient management of a contract
  • Analyse the drafting and amendment of specific contract clauses, using real examples
  • Introduce some of the differences in approach in different jurisdictions
  • Examine ways to avoid disputes, or to manage them successfully
outlines
Negotiating the Agreement you Want
  • The context of commercial arrangements
  • Negotiating Principles for contracts
  • Setting contractual objectives
  • The most important negotiable elements
  • Achieving an appropriate balance of commercial risks
  • Relationship between negotiation and contract drafting
 Drafting the Contract You’ve Negotiated
  • What constitutes a contract? – the essential elements
  • Form, Ingredients and Basic Structure
  • What are the Contract documents? constructing the jigsaw puzzle
  • Working with standard forms and model agreements
  • Using contract qualification to amend the other side’s draft
  • Temporary contractual arrangements: Letters of Intent and other interim agreements
 Understanding Contractual Rights and Obligations
  • Operative provisions and performance obligations
  • Title, Risk and Payment provisions
  • Liabilities, indemnities and the duty to insure
  • Limitation and exclusion of liability, force majeure and waiver
  • Remedies for default, damages and penalties
 Managing the Contract You’ve Signed
  • Finalising the contract and getting started
  • Kick-off meetings: Setting and managing expectations
  • Creating a contractual performance environment
  • Handling Contract Variations: changing the scope of work
  • Dealing with under-performance - defaults, delay and disruption
  • Payment issues – including in international trade
 Resolving Contractual Claims and Disputes
  • Managing contractor claims
  • Recognising potential problems and dealing with issues as they arise
  • Governing Law of the contract and dispute resolution
  • Using contract-based resolution – referring disputes to an Adjudicator
  • External dispute resolution – Litigation and Arbitration
  • Modern alternatives – Mediation, Expert Determination and other methods

المواعيد المتاحة

دبى
من 09-12-2024    الى 13-12-2024