Contract & Negotiation Masterclass (Modular Course)

5 days 3-7 Dec 2018, London UK £4,995.00 + VAT* Download brochure Add to basket

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Overview

Attend both modules and save US$1,050

This course is made up of two separately bookable modules, attend both modules and save US$1,050:

M1 - Legal English: Contract Drafting & Negotiation
M2 - Advanced Contract Law

Legal English: Contract Drafting & Negotiation is designed to identify common drafting errors, improve their writing and drafting skills and learn advanced negotiation skills in English.

  • Improve legal writing and contract drafting skills
  • Learn how to avoid common drafting pitfalls
  • Develop an effective communication style
  • Understand the structure and terms that are common to contracts in English
  • Learn advanced negotiation skills (for commercial matters and dispute resolution) in English

Advanced Contract Law is a 2 day, practical training course that aims to:

  • Strengthen your knowledge of complex contractual terms including indemnities, warranties
    and exclusion clauses
  • Refresh your knowledge of the law surrounding breach, termination and liquidated damages, enabling you to draft tighter provisions and ensure greater protection for your stakeholders
  • Review the latest developments in e-contract law
  • Review useful boilerplate clauses and create new precedents

Summary of Course Content

  • Writing legal opinions, correspondence memoranda and email
  • Drafting pre-contractual documentation
  • Drafting general contractual terms and specific clauses
  • Negotiation skills for lawyers
  • Tactics, techniques and personalities
  • Negotiating key clauses
  • Warranties, representations and entire agreement clauses
  • Liability risk protection including indemnities, exclusion and limitation of liability clauses
  • Remedial clauses and damages
  • Force majeure
  • E-contracts
  • Termination

Delegates will receive

  • Style guide including sample emails, letters and contracts
  • Glossary of legalese, Latin phrases and legal terminology
  • Extensive course notes

Methodology

You will participate in class discussions and drafting exercises to reinforce your lecture and workshop experience. You will leave with the updated knowledge, confidence and familiarity with contracts required to tackle the most important aspects of commercial contract law.

 

Instructors

We work with a series of expert instructors, please select the course location of interest to review the credentials of who will be delivering the programme.

London
Arun Singh

Arun Singh is an international lawyer and consultant to an international law firm. He was formerly a partner and Head of International Commercial Law at KPMG Legal globally. He is cited and ranked in Chambers Guide of the World’s Leading Lawyers. He specialises in international investment, joint ventures, licensing of technology, R&D, M&A, energy, outsourcing and corporate governance globally. He has worked with clients such as Standard Chartered, Bank of China, KPMG, Motorola and more.

He is a Visiting Professor in International Business, Leadership and Negotiations at Salford University Business School, Senior Associate of Oxford University’s Institute of Legal Practice, a Visiting Lecturer to Cambridge University and a Visiting Fellow to Leeds University Business School where he focuses on leadership, cross-cultural dynamics in international business and international trade and investment.

He is the non-executive director of an international investment fund listed on the London Stock Exchange and Chairs another international investment company where he approves and selects investments, their acquisitions, sales and their structures.

He was appointed an OBE by HM the Queen in January 1999 for services to international trade, investment and intercultural management.

Arun is an editor and contributor to a number of publications, in April 2010 his book on Business and Contract Law was published by Thorogood.

Venue

London

Central London Hotel Venue

All courses are held at four or five star venues in Central London, Zone 1. We strive to provide you with a training environment of the highest quality, to ensure that the whole learning experience exceeds your expectations.

Your training venue will be confirmed by one of our course administrators approximately 3-4 weeks before the course start date.

Related Courses

Inhouse


 

Do you have five or more people interested in attending this course? Do you want to tailor it to meet your company's exact requirements? If you'd like to do either of these, we can bring this course to your company's office. You could even save up to 50% on the cost of sending delegates to a public course.

To find out more about running this course in-house:





Our Tailored Learning Offering

If you want to run this course at a location convenient to you or if you want a completely customised learning solution, we can help.

We produce learning solutions that are completely unique to your business. We'll guide you through the whole process, from the initial consultancy to evaluating the success of the full learning experience. Our learning specialists ensure you get the maximum return on your training investment.

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We can offer any of our public courses delivered at your office or we can devise completely tailored solutions:


Read more about our offering or complete a call back request to speak to a learning specialist.

 

Agenda
MODULE 1 : LEGAL ENGLISH: CONTRACT DRAFTING AND NEGOTIATING MASTERCLASS

Day 1
Legal writing and contract drafting skills

Structure and style of legal writing

  • Legal letters, emails, memoranda and opinions
  • Components of legal communications
  • Plain English
  • Content organisation
  • Effective language style
  • Paper advocacy

Understanding contract purpose and form

  • Various forms and their aim
  • Purpose - general and specific
  • Terms

Preliminary agreement forms

  • Memorandum of understanding
  • Letter of intent
  • Term sheet
  • Authority to proceed
  • Scope of work
  • NDA/Confidentiality agreement
  • Subject to contract

Structure and format of agreements

  • Parties
  • Recitals
  • Interpretation
  • General terms
  • Commercial terms
  • Warranties, representations and undertakings
  • Boilerplate
  • Taxation liabilities
  • Industry specific terms
  • Intellectual property and third party rights
  • Schedules
  • Execution

General drafting pitfalls

  • Time
  • Vagueness
  • Verbosity
  • Weak grammar
  • One idea, one clause
  • Jargon and legalese
  • Active vs. Passive voice
  • Schedules and annexures
  • Punctuation
  • Precedents

Checklist and procedures for drafting

  • Style guides and best contract style
  • Instruction sheets
  • Checklist for drafting agreement
  • Checklist for drafting individual clauses
  • Deal sheet
  • Draft control
  • Standard terms and battle of the forms
  • Dealing with multiple drafts

Common terms and phrases

  • “Best or reasonable endeavours”
  • Joint and several
  • “Time is of the Essence”
  • Warranties
  • Indemnities and limitation of liability clauses
  • Termination clauses
  • “Subject to contract”
Day 2
The art of negotiating

Negotiating skills, styles and tactics

  • Basis of good negotiation - 3 A’s
  • Attributes of a good negotiator
  • Key skills in a negotiation
  • Identify your style
  • Versatility of style
  • Tactical mannerisms
  • Tactical devices

Preparing to negotiate

  • Team selection and role allocation
  • Use of facilitator
  • Fact finding and key issue identification
  • Playing devil’s advocate
  • Entry and exit positions

Models of negotiation

  • Positional
  • Distributive
  • Integrative
  • Principled

Negotiation process

  • Opening
  • Bargaining
  • Closing in agreement
  • By email
  • Settlement and evidencing compromise

Troubleshooting

  • Inequality of bargaining power
  • Dealing with hostile parties
  • Recognising the tricks people play
  • How to kick-start a stalled negotiation
  • Dealing with walkouts
MODULE 2: ADVANCED CONTRACT LAW
Day 3

Introduction

  • Freedom of contract
  • Purpose of formalising contracts

Representative clauses

  • Representations
  • Warranties
  • Entire agreement clauses

Practical exercise: Delegates will break into teams to draft warranties and representation statements based on hypothetical deal sheets. Each team will then verify the other’s proposed warranties.

Liability risk protection

  • Limitation of liability clauses
  • Exclusion clauses
  • Indemnities
  • Guarantees and Letters of Comfort

Practical exercise: Taking a number of factual scenarios, teams will be asked to negotiate terms to limit or exclude certain liabilities, then draft them into formal clauses.

Day 4

Boilerplate

  • Assignment
  • Payment
  • Retention of title
  • Set-off
  • Severability
  • Taxation liabilities
  • Third party rights

E-contracts

  • Use
  • Elements of the e-contract
  • Shrink-wrap contracts
  • Click-wrap contracts
  • Browse-wrap contracts
  • E-signatures

Exit and remedial clauses

  • Delay and default
  • Force majeure
  • Non-waiver clauses
  • Termination
  • Liquidated damages
  • Service credits

Practical exercise: Delegates will review termination clause in light of purported termination and propose redrafts.

Overview of contract interpretation rules

  • Contra proferentum
  • Parol evidence rule
  • Prior negotiations rule
  • Implied terms
Why us


We have a combined experience of over 60 years providing learning solutions to the world’s major organisations and are privileged to have contributed to their success. We view our clients as partners and focus on understanding the needs of each organisation we work with to tailor learning solutions to specific requirements.

We are proud of our record of customer satisfaction. Here is why you should choose us to help you achieve your goals and accelerate your career:

  • Quality – our clients consistently rate our performance ‘excellent’ or ‘outstanding’. Our average overall score awarded to us by our clients is nine out of ten.
  • Track record – we have delivered training solutions for 95% of worlds’ top 100 banks and have trained over 250,000 professionals.
  • Knowledge – our 150 strong team of industry specialist trainers are world leading financial leaders and commentators, ensuring our knowledge base is second to none.
  • Reliability – if we promise it, we deliver it. We have delivered over 20,000 events both in person and online, using simultaneous translation to delegates from over 180 countries.
  • Recognition – we are accredited by the British Accreditation Council and the CPD Certification Service. In an independent review by Feefo we scored 96% on service and 95% on product