COMMERCIAL CONTRACT DRAFTING AND - Clariden · PDF fileCOMMERCIAL CONTRACT DRAFTING ... (ACCA) and thought leaders ... education and training in Contract Law, International Commercial

C L A R I D E N Singapore | Sydney | Melbourne | Dubai | Hong Kong |

London | New York | San Francisco | Toronto | Auckland

COMMERCIAL CONTRACT DRAFTING AND NEGOTIATION FOR NON-LAWYERS

CLARIDEN GLOBAL LEGAL LEADERSHIP INSTITUTE

CLARIDEN CREDENTIALS AND ENGAGEMENTClariden Global is the pre-eminent and infl uential global business leadership institution. Today, we host

more than 200 global executive education and major conference events around the world. We have partnered

with professional organizations such as the Association of Chartered Certifi ed Accounts (ACCA) and thought

leaders from prestigious universities such as Harvard University John F. Kennedy School of Government,

Wharton School of the University of Pennsylvania and Stanford University.

Improving Your Contract Reviewing and Negotiation Effectiveness

March 20 - 21

DUBAI, UAEBonnington Jumeirah Lakes Towers

2017

The Clariden Experience

Why Clariden Global Executive Education?

Commercial Contract Drafting and Negotiation for Non-Lawyers

5 Program Introduction

7 Faculty Director

8 Program Overview

9 Program Outline

Participating Companies

Testimonials

In-house Custom Executive Programs

Contact Us

Registration

4

5

11

13

14

15

CONTENTS

3

12

To maximize both your enjoyment and professional development, Clariden Global holds its executive

programs at fi ve star hotels, some of which include:

Shangri-La Hotel, SingaporeSingapore

Conrad London St JamesLondon, United Kingdom

InterContinental Melbourne The RialtoMelbourne, Australia

Grand Hyatt: Union Square San Francisco HotelSan Francisco, United States

Amidst lush gardens, this 3-wing luxury hotel is 6

km from the iconic Marina Bay Sands resort and

9 km from Sentosa.

Across the street from St. James’s Park tube

station, this sophisticated hotel is 10 minutes’

walk from Buckingham Palace and 2 miles from

the Victoria and Albert Museum.

Set in a grand 1891 building, this upscale chain

hotel is 3 blocks from the Yarra River, and an

8-minute walk from the SEA LIFE Melbourne

Aquarium.

Less than a block from Union Square, this stylish

high-rise hotel is an 11-minute walk from the

Moscone Center and 1.9 miles from Pier 39.

Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected]

Terms & Conditions: Clariden Global International Limited reserves the right to change the

venue of the program due to reasons beyond their control.

THE CLARIDEN EXPERIENCEENJOY LEARNING WITH THE

FIRST-CLASS, WELL-ROUNDED EXPERIENCE

3

WHY CLARIDEN GLOBAL EXECUTIVE EDUCATION?

5,000+Companies

15+Countries

10,000+Participants

50+Industries

GLOBAL ENGAGEMENT Clariden Global is the pre-eminent and infl uential global business leadership institution. Today, we host

more than 200 Global Executive Education and major conference events across 15 countries and 17 cities,

including Singapore, London, Hong Kong, Sydney, Melbourne, Perth, New Zealand, San Francisco, Toronto,

Johannesburg, Shanghai, Beijing, Kuala Lumpur, Dubai, Toronto, The Netherlands, New York and Zurich.

INTERNATIONALLY DIVERSE, SENIOR-LEVEL PARTICIPANTSClariden Global Executive Education programs have attracted participants from more than 5,000 global

MNCs, regional corporations, and FORTUNE 500 companies, from more than 40 countries. All applications

are reviewed based on professional achievement and organizational responsibility. Designed for individuals

at all levels, from top executives to emerging leaders, each intensive program is crafted to equip leaders

with essential capabilities to improve corporate performance and position their organizations to thrive.

THOUGHT LEADERSHIPTo provide strategic insights and relevant world-class executive education to global organizations, Clariden

Global engages the best thought leaders and leading authorities from around the world. These include

professors and faculty leaders from Harvard University, Stanford University, University of Pennsylvania

Wharton, London Business School and other premium institutions to deliver transformational knowledge.

Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 4


FACULTY DIRECTOR

DATES20 – 21 March 2017

LOCATIONBonnington Jumeirah Lakes Towers

TUITION FEESEarly Bird 1 (Register & pay by 23 January 2017 ): US$2,490

Early Bird 2 (Register & pay by 20 February 2017): US$2,690

Regular Tuition Fee: US$2,790

Group discount of 10% for 2nd participant from the same organization. For limited time only by

20 February 2017 register 3 participants and the 4th participant will receive a complimentary seat (One

discount scheme will apply).

PROGRAM ADVISORPravind RavindranEmail: [email protected]

Phone: +44 (0) 20 7129 1222

PROGRAM INFORMATION

• Leading course designer and presenter with nearly 25 years’ experience in Contract Law, International Commercial Agreements, Joint Ventures and Acquisitions

• 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

• 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

• Lead designer for the International Lawyers Training Program of the Law Society of England and Wales

• Worked at prominent universities including the Oxford Institute of Legal Practice and the

University of Law, London

Michael Twomey

PROGRAMCOMMERCIAL CONTRACT DRAFTING AND

NEGOTIATION FOR NON-LAWYERS




• 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,

indemnifi cation, 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 profi tability

• Understand how changes beyond your control could affect the profi tability of the deal

• Identify, manage and mitigate risks and liability while holding your suppliers accountable

• Provide effective and valuable remedy strategies should breach of contract occur

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.

KEY BENEFITS

WHO WILL ATTEND THIS PROGRAM

PROGRAM ESSENCE

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

profi tability 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, effi ciency and confi dence in drafting an effective contract and negotiating for greater

profi tability while protecting your organization’s interest.


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.

His courses have been attended by delegates from:

• UAE Ministry of Defence

• ENOC LLC

• Dubai International Airport

• Qatar Financial Centre

• Dubai Health Care City

• TNT UAE LLC

• Siemens AG

• Total S.A.

• Network Rail - owner and infrastructure

manager of most of the rail network in England,

Scotland and Wales

• TomTom NV

• Leading international law fi rms based in London

• Leading GCC law fi rms

• UK Government departments – Department for

Business, Innovation and Skills, Department for

And from across industries like:

• Manufacturing

• Oil & Gas

• Energy

• Construction

• Shipping

• Logistics

• Infrastructure & Utilities (Road, Power, Water)

• Transport

• Storage

• Terminals

• Aviation & Aerospace

• Government

• Pharmaceuticals

• Computing and software

• Telecommunications

FACULTY DIRECTOR



Michael Twomey


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

diffi culties to increase their profi t 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 diffi culty 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

profi tability 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 profi t 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, benefi ts and profi tability.

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 theagreement. Furthermore, you will acquire best-in-class negotiation techniques to successfully steer your negotiation to a desirablebinding contract that enhances your business profi tability 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, effi ciency and

confi dence in drafting an effective contract and negotiating for greater

profi tability while protecting your organization’s interest.

OVERVIEW

PROGRAM OVERVIEWCOMMERCIAL CONTRACT DRAFTING AND


This course has been

independently certifi ed as

conforming to accepted

CPD guidelines. On average,

this executive program

contributes 16 hours towards your CPD.

Delegates must register at the start and

close of each workshop to be awarded a

certifi cate of completion.

CPD CERTIFICATION DETAILS

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 satisfi ed 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 profi tability

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 1


09:00 - 17:00 / 20 March 2017

PROGRAM OUTLINECOMMERCIAL CONTRACT DRAFTING AND


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

DAY 2


09:00 - 17:00 / 21 March 2017

PROGRAM OUTLINECOMMERCIAL CONTRACT DRAFTING AND


PARTICIPATING COMPANIESMore than 5,000 companies have participated in our programs

ADVERTISING, INTERNET, MEDIA,PUBLISHINGBBC Worldwide

CNN

eBay

LinkedIn

MediaCorp

Saatchi & Saatchi

Singapore Press Holdings

The Financial Times

The Hoffman Agency

The Walt Disney Company

Thomson Reuters

CONGLOMERATEFraser & Neave

General Electric

General Motors

Mitsubishi

Monsanto

Siemens AG

Sodexo

FINANCIAL SERVICES, INSURANCEBank of America Merrill Lynch

AIA

Allianz Global Investors

American Express

Aviva

AXA

Barclays Bank

Citibank

DBS Bank

Deutsche Bank

HSBC

JP Morgan Chase Bank

Manulife

MasterCard

Maybank

Mizuho Bank

OCBC Bank

PayPal

Prudential

Rabobank

Standard Chartered Bank

Suncorp

Swiss Reinsurance

TD Securities

Visa

Westpac

Zurich Insurance

FOOD, BEVERAGECoca-Cola Beverages

Danone

Ferrero

Heineken

McDonald

PepsiCo


GOVERNMENT, NONPROFITAustralian Securities and Investments

Commission

Central Provident Fund Board

Changi Airport Group

Economic Development Board

GIC

NSW Treasury

Serco

Temasek Group

HEALTHCARE, PHARMACEUTICALSAbbott Laboratories

Eu Yan Sang

Glaxosmithkline

Hoffmann-La Roche

Johnson & Johnson

Merck

Pfi zer

Sanofi

HOSPITALITYCapitaLand

Far East Organization

Frasers Hospitality

Hilton Worldwide

Marriott Hotels

Pan Pacifi c Hotels Group

Shangri-La Hotels & Resorts

MANUFACTURING (CONSUMER)British American Tobacco

Estee Lauder

Fonterra Brands

Heineken

Kimberly-Clark

Kraft Foods

Lego

Mars Foods

Nestlé

Procter & Gamble

Unilever

MANUFACTURING (INDUSTRIAL)Airbus

Corning Optical Communications

Daimler

Harley Davidson

Intel Semiconductor

Rolls-Royce

Volvo Group

Wearnes Automotive

OIL & GAS, NATURAL RESOURCESCaltex

Chevron

ConocoPhillips

ExxonMobil

Maersk

Petronas

Santos

Saudi Arabian Oil

Schlumberger

Shell

PROFESSIONAL SERVICESAECOM

Aon Hewitt

Ernst & Young

PricewaterhouseCoopers

RETAIL, TRADEAdidas

Cargill

DFS

Harvey Norman

Hennes & Mauritz

IKEA

L’Oreal

Marks and Spencer

NTUC Fairprice

Tesco

TECHNOLOGY, ELECTRONICS3M

Apple

Canon

Dell

Hewlett Packard

Intel Technology

Lenovo

Micron Technology

Microsoft

Oracle

SAP

Sony Electronics

TE Connectivity

TELECOMMUNICATIONSEricsson

Nokia

Olive Communications

Singtel

Starhub

Tata Communications

Telstra

Verizon

Vodafone

TRANSPORTATIONAuckland Transport

Cathay Pacifi c Airways

Dubai Air Navigation Services

New Zealand Transport Agency

Fiji Airways

Metro Trains Melbourne

NSW Trains

SBS Transit


FACULTY DIRECTOR

MICHAEL TWOMEY’S TESTIMONIALS

Michael has done a

good deal of corporate

training for our

lawyers at Dechert,

and he is absolutely

fi rst rate. He

combines a fantastic

knowledge of the law,

with enthusiasm and

an engaging teaching

style.

These are critical

points that need

careful consideration

by a person who has

the capacity to draft/

review an effective

contract

Commercial Manager

Sanofi Aventis Groupe, FZE (global healthcare leader)

Director of Training

Dechert LLP (international law fi rm)

“

“ ““


IN-HOUSE

CUSTOM

EXECUTIVE

PROGRAMS

Clariden Global delivers custom learning programs for organizations all around the world. Whatever your business

challenges are, we create focused learning experience that enables your organization to achieve success. Through

partnerships with the most renowned thought leaders, industry experts and professors from around the world,

these in-house custom executive programs will equip you with essential skills and capabilities to develop and

implement strategies more effectively at your organization.

Engage with our thought leader today:

PROGRAM ADVISORPravind RavindranEmail: [email protected]

Phone: +44 (0) 20 7129 1222

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.

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.

CONTACT US

Legal Training Programs (Corporate and Commercial), Law2020

Michael Twomey

CONTACT US


We encourage you to learn more about Clariden Global Executive Education custom and open-enrollment programs.

Our staff will be happy to answer your questions and help you determine the programs work best for you and your

organization.

ENQUIRY FOR THIS PROGRAMPravind RavindranEmail: [email protected]

Phone: +44 (0) 20 7129 1222

SINGAPOREEmail: [email protected]

Phone: +65 6899 5030

Fax: +65 6567 4328

Address: Clariden Global Pte Ltd 3 International

Business Park #04-29, Nordic European

Centre Singapore 609927

LONDONEmail: [email protected]

Phone: +44 (0) 20 7129 1222

Fax: +44 (0) 84 3218 0413

Address: 1 King Street London,

EC2V 8AU United Kingdom

AUSTRALIAEmail: [email protected]

Phone: +61 3 9909 7310

Fax: +61 3 9909 7788

Address: Clariden Global Pty Ltd

530 Little Collins Street, Level 1

Melbourne VIC 3000, Australia

CUSTOMIZED PROGRAMSPravind RavindranEmail: [email protected]

Phone: +44 (0) 20 7129 1222

REGISTRATION & PAYMENT MATTERSEmail: [email protected]

Phone: +44 (0) 20 7129 1222

REGISTRATION

(20 - 21 March)Commercial Contract Drafting and Negotiation

for Non-LawyersUS$2,490 US$2,690 US$2,790

PROGRAM FEES

C L A R I D E N

Program1st Early Bird Fee

(If payment & registrations are received

by 23 Jan 2017)

2nd Early Bird Fee(If payment &

registrations are received by 20 Feb 2017)

Regular Fee Per Participant

Bonnington Jumeirah Lakes Towers

20 - 21 March 2017

Cluster J, P.O. Box 37246,

Dubai, U.A.E,

Phone: +971 4 356 0000

Website: http://www.bonningtontower.com/

Email: [email protected]

Fax: +44 (0) 84 3218 0413

Call: +44 (0) 20 7129 1222

Website: www.claridenglobal.com

By Cheque/ Bank Draft

By Telegraphic Transfer

By Credit Card

Group discount of 10% for the 2nd participant from the same organization.

For limited time only by 20 February 2017 register 3 participants and the 4th

participant will receive a complimentary seat.

*One discount scheme applies.

An invoice and registration confi rmation will be sent within 7 days, please

contact us if you have not heard from us within 7 days. Payment details will

be sent together with the invoice based on your preferred payment method.

ALL PAYMENTS MUST BE RECEIVED IN ADVANCE OF THE EVENT.

Accommodation is not included in the program fee but you will be entitled

to use our corporate rate for your accommodation. Information will be sent

along with your registration confi rmation.

Once we have received your booking, the place(s) are confi rmed. No refunds

will be made for any cancellations, however, program credits of equivalent

value only applicable for Clariden Global events will be provided. Credits

can only be redeemed for 1 program and is valid for only one (1) year from

date of issue.

Substitution with a qualifi ed candidate is allowed by providing at least 5

working days of advance notice to Clariden Global. One time substitution

is allowed with no charges. Subsequent substitutions will be charged 10%

admin fee.

PLEASE NOTE: Clariden Global International Limited reserves the right to

change the content and timing of the programme, the speakers and the date

and venue due to reasons beyond their control. If in the unlikely event that

the course is cancelled, Clariden Global International Limited will refund

the full amount and disclaim any further liability.

PRIVATE DISCLOSURE STATEMENT: Any information provided by you in

relation to this event is being collected by Clariden Global International

Limited and will be held in the strictest confi dence. It will be added to our

database for the primary purpose of providing you with information about

future events and services.FEE RECEIVED REFERENCE L7047/BL/PR

4 WAYS TO REGISTER 3 PAYMENT METHODS

VENUE AND ACCOMMODATION INFORMATION

CANCELLATIONS AND SUBSTITUTIONS*All cancellations must be received in written form.

GROUP DISCOUNTS

FOR OFFICIAL USE

Booking Contact (Approving Manager) Mr/Mrs/Ms:___________________

Job Title:____________________ Department:____________________

Telephone:_______________________ Fax:_______________________

Email:______________________________________________________

Organization:_______________________________________________

Address:____________________________________________________

____________________________________Postal Code:____________

I would like to receive more information on hotel accommodation

using Clariden Global coporate rate.

Please register the following participant for this seminar.

(Please tick to select your seminar(s). You may tick more than one.)

1st Participant Name (Mr/Mrs/Ms):_________________________________

Job Title:___________________ Department:__________________________

Telephone:_________________________ Fax:_________________________

Email:_________________________________ Date of Birth:_____________

2nd Participant Name (Mr/Mrs/Ms):_________________________________


Telephone:_________________________ Fax:_________________________


3rd Participant Name (Mr/Mrs/Ms):_________________________________


Telephone:_________________________ Fax:_________________________


4th Participant Name (Mr/Mrs/Ms):_________________________________


Telephone:_________________________ Fax:_________________________


□

Documents

COMMERCIAL CONTRACT DRAFTING AND - Clariden · PDF fileCOMMERCIAL CONTRACT DRAFTING ... (ACCA) and thought leaders ... education and training in Contract Law, International Commercial