Contract Management & Legal Drafting


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Course overview

Training Course Purposes of Agreement Management & Legal Drafting

Comprehend the need to negotiate the "deal" before structuring the contract paperwork

Use the devices & techniques to assist in such settlements & boost the efficient management of contract

Evaluate the composing as well as modification of certain contract stipulations, using actual instances from insurance & Manufacturing facilities

Apply good lawful writing method

Demonstrate the register of legal writing

Examine methods to avoid disagreements, or handle them successfully

Practical ideas for service experts to take care of the effects of non-performance like devices or problems

Evaluating the mechanics of having in the English language

Day 1
What is the “deal” behind the contract, and how do you get there?
  • What constitutes a contract: form, ingredients, and basic structure

  • The context of commercial arrangements

  • Innovative commercial solutions (e.g. Partnering, “BOOT” contracts, etc)

  • Relationship between negotiation and contract drafting

  • Closing a deal - Authority to sign and agency principles

  • Formalities to finalise the contract

Negotiating and Drafting Contracts

  • Negotiating Principles in Contracting

  • Negotiating in difficult and complex situations

  • Structuring complex documents – the hierarchy of terms

  • Using and modifying standard forms

  • Precedent in international contracting

  • Dealing with contract qualifications and amendments

Day 2
Legal Drafting for organizations & factories

  • Signs of a well-drafted contract: The simple rules!

  • The language of drafting: Will v Shall v Must

  • Identifying the legal formalities for a binding contract

  • Structure and formation of a commercial contract: follow the formula and you won’t go wrong

  • The importance of Boilerplate clauses: overlooking them can cost the business billions of pounds.

  • The preliminary documents- using Heads of Terms effectively

  • Vague words and expressions in commercial contracts- know the pitfalls!

  • Overview of cross border contracts: Distribution v Joint venture v Agency agreements

  • Share Purchase Agreements: allocating risks between the buye

Day 3
Plain English in Legal Correspondence
  • Good legal writing practice

  • Moving from legalese to Plain English

  • Unnecessary archaic and meaningless phrases

  • Collocations

  • Pitfalls and issues relating to the use of legal jargon in legal writing

  • Writing short emails

  • Writing long emails

  • Writing formal emails

Legal Writing Troubleshooting for insurance and other sectors

  • The problem of English idioms

  • Rephrasing English idioms easily confused words

  • Cutting unnecessary

  • y words

  • Use of consistent terminology

  • Ambiguity: how to avoid it

  • Vagueness: how to avoid it

  • Misuse of the preposition in dates

  • Problem words

  • Constantly litigated words

  • Personal pronouns

  • Choosing the right words

  • Rewriting sentences to remove gender-specific language

Day 4
Drafting Specific Clauses in Production & Services
  • Operative provisions and performance obligations

  • Title, Risk, and Payment provision

  • Contract variations: transfer of rights, amendment, and the scope of work

  • Termination, suspension, and remedies for default

  • Limitation and exclusion of liability, force majeure, and waiver

  • Law of the contract and dispute resolution

Effective Contracts Management

  • Risk assessment and management

  • Assignment of responsibilities and kick-off meetings: setting and managing expectations

  • Dealing with defaults, delay, and disruption

  • Managing claims

  • Payment issues – including international trade

  • Lessons learned

Day 5
Dealing with Disputes
  • Recognizing potential problems and dealing with issues as they arise

  • Legal rights and commercial outcomes distinguished

  • Negotiation structures for internal dispute resolution

  • External dispute resolution – Litigation and Arbitration

  • Modern alternatives in dispute resolution –

    • Adjudication

    • Expert Determination

    • Mediation

  • Overview of the course, and final question session 

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