Commercial Contracts & Force Majeure during COVID-19

About the programme

Negotiating and drafting commercial contracts has become an indispensable part of any business transactions in today’s highly competitive and cost-conscious environment. It has become necessary that contracts should be aligned with business requirements as every business transactions are governed by contracts and agreements. Legal Professionals are required to be well versed with the drafting techniques and expertise to foresee the risk and handle in the best interest of their organizations.

The upcoming Commercial Contract Masterclass focuses on critical issues in commercial and legal areas pertaining to commercial agreements and will guide you to improve your negotiating and drafting skills. This training will also help the organization 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, properly drafted and managed. The masterclass will also discuss on cross-border agreements and on identification and mitigation of contractual risks and dispute resolution clauses.

Who should attend

• Contract Administration & Management Professionals
• Legal Heads / General Counsels
• Legal Managers / Legal Executives
• Corporate Legal Advisors
• Company Secretaries
• Corporate Lawyers
• Arbitrators & Mediators
• Procurement and Purchasing Managers

What you will learn

• Strategic negotiation of commercial contracts
• How to draft effective commercial contracts
• Managing variation and modification of contracts
• Understand the Force Majeure Clause during COVID-19
• About Force Majeure's Impact on Commercial Contract Drafting and Negotiation
• Managing breach and termination of contracts
• Drafting and negotiating alternative dispute resolution clauses
• Techniques of drafting international contracts
• Effective risk control measures to minimize legal exposure and avoid disputes

Agenda

09:00 AM - 10:00 AM
Strategic Negotiation of Commercial Contracts

• Contract negotiation: Tactics and strategies
• Planning and conducting Negotiation
• Determining the needs, rights and obligations of negotiating parties
• Deal or no-deal situations – how to keep the options open
• What is binding and non binding MoUs or Term Sheets
• The boundaries of negotiating and re-negotiating contracts
• Basics of Structuring Foreign Collaborations and Joint Ventures
• Understand the elements effecting negotiation process – Culture, Language & Legal System

10:15 AM - 12:00 PM
A Hands-on Guide to Drafting Commercial Contracts

Presenter: Mr. Kirindeep Singh, Senior Partner, Dentons Rodyk & Davidson LLP, Singapore

• What is a Commercial Contract- The contract law fundamentals & elements
• Difference between an MoU, a letter of intent, an agreement and a contract
• Analysing how letters of intent, heads of agreement and memoranda of understanding affect a contract
• Formation of contract: The art of drafting an effective commercial contract
• Drafting techniques: Key terms of a Contract, Indemnity and risk allocations, recitals, boilerplate provisions
• Understanding various types and interpretations of contract clauses and relook at contractual provisions in the light of current scenario of the outbreak of COVID-19 such as – force majeure, liquidated damages, risk purchase, warranty, limitation of liability, etc.

Sharing some cases on intricacies of drafting various types of contract such as:

• Joint venture agreements / collaboration guarantees
• Investment contracts (Share Subscription Agreement, Share Purchase Agreement and Shareholders’ Agreement)
• Distribution Agreements
• Supply Agreements

Drafting of International Contracts

• Analysing the key elements in cross border agreements
• Terms unique to overseas contracts
• Dispute resolution clauses for use in international disputes
• Understanding various jurisdictions issues

12:15 PM - 01:15 PM
Dispute Resolution Clauses & Mechanism

Presenters: Mr. Vivekananda Neelakantan and Mr. Ankit Goyal, Allen & Gledhill LLP, Singapore

• Understanding & identifying dispute prone areas
• Possible consequences and the medium of dispute resolution mechanisms
• Remedies for disputes emerging from contracts
• ADR provision in contract
• Litigation Or Arbitration – A comparative Analysis
• Role of corporate counsel in dispute management
• Developments in Arbitration Law

02:15 PM - 03:15 PM
Modification, Breach & Termination of Contracts

• Modification of a contract by novation, accord and satisfaction or by simple variation
• Force Majeure and Renegotiation clause
• Frustration of contracts
• 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

Click here to know more in details

Event from : 24 July 2020
Event to : 24 July 2020
Events Venue : Online

Submitted By : Guest