The law and regulations governing business and contract law are increasingly complex and now affect all industries and every type of commercial agreement, from entering into a contract to validity of purchase conditions. If you are involved in commercial contracting or dealing with external parties at any level, you need to grasp the practical legal implications of these relationships to ensure you do not expose your organisation to unnecessary risk. You will also need to protect your company from litigation and anticipate legal pitfalls.
This programme combines up-to-date commercial law with practical methods of translating this law into the documentation. It identifies and analyses the different types of contract and how the various statutes affect them, ensuring that you fully understand the impact of current legislation and case law, and looks at how Brexit may affect your contracts. By the end of the course, you will be able to recognise and deal confidently with the risks and benefits of commercial contracts.
Effective contract negotiation
- Preparing for negotiation
- Developing winning strategies
- Objectives and aligning to strategy
- Understanding the rules of negotiation and culture
- Key negotiation behaviours and communication skills
- Mapping routes to agreement
Formation
- What is a contract?
- Making a binding and enforceable contract
- Six components
- Offer
- Acceptance
- Deeds
Tools, techniques and terminology when creating a formal contract
- Pre-contract pitfalls
- Informal contracts
- Standard terms
- Letters of intent
- Memorandum of understanding
- Enforceable contracts
Getting to grips with how the law changes what you thought you had agreed to
- What are implied terms and where do you use them?
- Working within government restrictions
- What is good faith and making it benefit your organisation
- Misrepresentation
- International convention
Managing the contract
- Payment mechanisms
- Contract
- Service levels
- Audit rights
- Dealing with change
- Delegation
- Contract programme and governance
- Change management
Including constructive performance obligations
- Specific performance
- Condition precedents
- Liquidated and ascertained damages
- Delivery
- Force majeure
- The doctrine of frustration
Bribery and corruption
- The Bribery Act
- General and corporate offences
- Bribing foreign officials
- Enforcement and penalties
- Key issues for companies
- Associated persons
- Facilitation payments
- Gifts and hospitality
Practical drafting exercise
In this session, participants will draft standard contract terms based on the skills and knowledge developed during the day under the guidance of experts
When things go wrong and defences to breach of contract - limit contractual risk and damages for your organisation
- Identifying the areas of potential claims
- Examining claims in contract
- Examining claims in tort
- What are the claims under other headings?
- Insurance
- Exclusion and limitation of damages
- Breach of contract
- Damages
Termination and dispute resolution
- Duration
- Liquidation
- Change of control
- Drafting key provisions to minimise the risk of disputes
- Governing law
- ADR clauses
- Arbitration or litigation
Impact of Brexit on business contracts and Brexit checklist
- Financial hardship
- Performance impossible
- EU references
- Governing law
- Jurisdiction
- Reviewing existing contracts - tips
- Future-proofing contracts
- Amending contracts in light of Brexit
Practical drafting exercise
In this session, participants will practise drafting contract terms and receive practical advice and guidance on how they can develop in this area.
Some typical agreements
This session will review the terms and conditions of some typical agreements to illustrate how to avoid the legal pitfalls and challenges faced.
- Service
- Supply
- Manufacture
- Licensing
Practical workshop: Drafting and understanding boilerplate clauses with sample clauses and pointers
- General provisions
- Confidentiality
- Costs
- Assignment
- Notices
- Law of the contract
Prof Arun Singh OBE,
International Lawyer & Consultant ,
Falconbury LtdArun Singh (Prof) OBE, FRSA is an international lawyer and consultant to an international law firm. He was formerly a partner and Head of Commercial Law at KPMG Legal. Arun is cited and ranked in Chambers Guide of the World's Leading Lawyers.
He concentrates on international investment, joint ventures, licensing of technology, research and development, M&A, energy, outsourcing and corporate governance in developed and emerging markets. He also handles international legal risk management matters.
Arun advises a range of international organisations. He is a Visiting Professor in International Business, Leadership and Negotiations at Salford University Business School, Senior Associate at Oxford University's Institute of Legal Practice and teaches international leadership and negotiations at the University of Cambridge. He has facilitated programmes in Europe, Asia, the Middle East and the U.S.
He is a recognised corporate educator and a non executive director of 4 international investment companies one of which is listed on the London Stock Exchange chairing the Audit Committee and Investment Committee.
Arun's work for SME's and clients such as BA, BP, CMSLegal, Orange, Diageo, KPMG, Motorola includes working with managers on business skills such as leadership, impact and influence, team dynamics, international management negotiations and conflict resolution. 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, including Thorogood's Special Report on Business and Contract Law, facilitator for company programmes and corporate speaker to conferences.
- Contract and commercial managers and engineers
- Sales and marketing managers
- Project and procurement managers
And all those involved in the negotiation, drafting and management of commercial business contracts
