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Executive Education
Clariden Leadership Institute
Commercial Contract Drafting and Negotiation for Non-Lawyers (UAE)
Michael Twomey
Legal Training Programs (Corporate and Commercial), Law2020

This program has been independently accredited and certified by CPD
Michael Twomey, Legal Training Programs (Corporate and Commercial), Law2020

Widely recognized as a leading course designer and presenter, Michael has nearly 25 years’ experience in legal education and training in Contract Law, International Commercial Agreements, Joint Ventures and Acquisitions. 

 

Michael has delivered more than 2,000 training sessions in the UK and internationally and conducted over 40 seminars and workshops in the UAE since 2007 to CEOs, finance directors, contract managers, consultants and engineers in the GCC as well as to lawyers and other legal professionals in the region with respect to Contract Law, International Commercial Agreements, Joint Ventures and Acquisitions. 

 

Some of his clients include national and international companies such as Qatar Financial Centre, Siemens AG, Dubai Health Care City, Dubai International Airport, ENOC LCC and Government departments such as UAE Ministry of Defence and UK Government Department for Business, Innovation and Skills and many more.

 

 

He is also the lead designer for the International Lawyers Training Program of the Law Society of England and Wales and has worked at prominent universities including the Oxford Institute of Legal Practice and the University of Law, London.

This course has been independently certified as conforming to universally accepted CPD guidelines. On average, this executive program contributes 16 hours towards your CPD

Program Summary

This comprehensive 2-day program will help you master contract drafting and negotiation so as to ensure that your contracts secure the intended commercial outcomes, benefits and profitability for your organization.

 

You will learn effective techniques and frameworks to draft concise and clearly articulated contracts by understanding the contract language, the local contract law context and how to align it to your business objectives.

 

You will also acquire best-in-class negotiation techniques to successfully steer your negotiation to a desirable binding contract that enhances your business profitability and effectively mitigating any potential legal risks and disputes that may arise. 

 

Packed with real-life case studies and interactive discussion sessions, you will leave this program strong legal knowledge and powerful negotiation techniques that will improve your skill, efficiency and confidence in drafting an effective contract and negotiating for greater profitability while protecting your organization’s interest.



Programs, dates and locations are subject to change. In accordance with Clariden Global policy, we do not discriminate against any person on the basis of race, color, sex, religion, age, national or disability in admission to our programs.

Introduction

According to Contract Management Benchmark Report from Aberdeen Group, poorly constructed clauses incur huge business losses to as high as “$153 billion per year in missed savings, opportunities and increased risks”. In addition, many companies are faced with difficulties to increase their profit margin when negotiating for better terms and fees while holding their suppliers accountable when potential contract breach or dispute arises.  

 

The problem here is that most companies faced difficulty in drafting, structuring and managing an effective, well-structured commercial contract due to poor use of contractual language, unclear contract clauses and ambiguous provisions. In addition, companies are hindered by the lack of knowledge and techniques in structuring and developing good negotiation and risk mitigation strategies to increase profitability and hold your supplier accountable when contract disputes and complications arises.

 

Without in-depth knowledge and good application techniques of effective drafting and fee negotiation skills, companies may face project delays, miscommunication, misunderstanding and adverse business impacts such as profit loss and high legal charges.

 

Designed for non-legal professionals, this comprehensive 2-day program will help you master contract drafting and negotiation. You will gain understanding of working parts of a valid contract, how to draft sound and watertight commercial contracts, and negotiate effectively to help your company achieve the intended commercial outcomes, benefits and profitability.

 

Led by Michael Twomey, widely recognized as leading contract lawyer with over 25 years of immaculate track record, he will show you effective techniques and frameworks to draft clear, concise and unambiguous clauses consistently and coherently by understanding the legal language, the local contract law context and how to align it to your business objectives. You will also learn to adapt relevant and reliable drafting precedents to save time and trouble while avoiding common errors, omissions, and ambiguities that may jeopardize the agreement. Furthermore, you will acquire best-in-class negotiation techniques to successfully steer your negotiation to a desirable binding contract that enhances your business profitability and effectively mitigating any potential legal risks and disputes that may arise.

 

Packed with real-life case studies and interactive discussion sessions, you will leave this program strong legal knowledge and powerful negotiation techniques that will improve your skill, efficiency and confidence in drafting an effective contract and negotiating for greater profitability while protecting your organization’s interest.

What You Can Expect

  • Master effective techniques for constructing clear, concise and comprehensive contract clauses
  • Distinguish between different types of contracts and contractual terms that are similar, for example, insurance, indemnification, limitation of liabilities, etc.
  • Clearly understand and strategically utilize legal jargons, special terms and legal writing style
  • Execute powerful negotiation strategies to achieve business objectives and increase profitability
  • Understand how changes beyond your control could affect the profitability of the deal
  • Identify, manage and mitigate risks and liability while protecting your organization’s interest
  • Provide effective and valuable remedy strategies should breach of contract occur

Who Will Benefit Most

This course is designed for anyone responsible for drafting and negotiating contracts, including Contracts Managers & Administrators, Sales & Marketing Managers, Procurement Managers & Executives, Commercial Managers & Executives, Claim Managers, Purchasing Managers & Executives, Project Managers, Engineers, Business Development Managers, Supply Managers, Trade and Export Finance Managers, Corporate Directors, Paralegals, and Corporate and In-House Legal Counsels.

Program Outline

DAY ONE

 

Ensuring Profitability in the Contract: Key Clauses and Identifying Risks

·         Case study identifying the key provisions

·         What are the risks and how can the contract provide for them?

·         What will be your negotiation strategy and how will the other side respond?

·         What conditions should be satisfied prior to signing the agreement?

·         What are the liabilities associated with pre-contract negotiations?

 

Identification of and Provision for Changes That Could Affect Value

·         Known knowns, known unknowns, and unknown unknowns

·         Providing for the foreseeable – identifying and drafting express terms

·         Providing for the unforeseeable – what are the options?

·         Reasons for change and how to prevent change affecting profitability

 

Risks of Not Identifying and Managing Change Effectively

·         The risks of doing nothing – a trap for the unwary

·         The risks of doing something

·         Variation – what does that contract say and can we rely on it?

·         Waiver – does the no-variation clause work?

·         Protective provisions in the contract

·         Effect on guarantees and performance bonds – caution needed!

 

Dealing with Change – Price Variation

·         Drafting effective price variation provisions

·         Dealing with increased costs – options

·         Proposal, assessment, evaluation and agreement

·         Setting out a clear and workable process

·         Change orders and extensions of time

 

Managing Variations

·         Formal change control procedures – ensuring the provisions work

·         Ensuring strict compliance with the provisions

·         Service Level Agreements and other mechanism for adjusting payments 

·         Liability for changes – legal issues

 

 

DAY TWO

Preserving Value and Preserving the Contract

 

·         Negotiations to manage change

·         The legal issues relating to negotiations

·         Care needed to avoid inadvertent agreements and liability

·         Renegotiation: variation, novation or replacement

·         Identifying and assessing the options

 

Resolving and Managing a Dispute

 

·         What does the contract say?

·         Assessing the options

·         Resolving the dispute though mediation, expert determination, of other methods

·         Arbitration or litigation?

·         Essential commercial and legal concerns

·         The vital steps and tactics when a dispute arises

 

Terminating an Unprofitable Contract

 

·         What does the contract say?

·         Can you terminate for convenience and how?

·         Can you terminate for cause?

·         What is the cost of termination?

 

Liability – the Cost of Breach

 

·         How are damages assessed?

·         What are liquidated damages and are LD clauses effective?

·         Have the parties limited or excluded liability?

·         Are the clauses effective?

·         Assessing the likely outcome of litigation or arbitration

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Venue: Bonnington Jumeirah Lakes Towers
Date: 20 - 21 March 2017
Faculty: Michael Twomey
Early Bird 1: US$2,490 by 23 January 2017
Early Bird 2: US$2,690 by 20 February 2017
Regular Fee: US$2,790
Group Discount: 2nd participant get 10%, or register 3 participants and 4th participant get a complimentary seat
(1 discount scheme applies)
Contact: pravind@claridenglobal.org
 
 
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