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Advanced Contract Drafting & Contract Risks & Insurance

overview
  • The course provides insight on Contract Drafting, Drafting Techniques, Contract Language, Contract Risks and Types of Insurance. It is designed for professionals who wish to take their drafting and risk management skills to the next level. 
  • The workshop will provide ‘hands-on’ experience in the drafting of commercial contracts and discuss challenges in dealing with risk management & Insurance.
target audience

Head of Legal Industries including, Legal Consultants, Head-Contract, Administration & Management, Corporate Legal Counsel, General Counsel, Chief Counsel, Regional Counsel, Legal Managers, Corporate Legal Advisors, Company Secretaries, Lawyers, Arbitrators & Mediators, Procurement, Purchasing Managers, and anyone interested in the topic

course details
COURSE DURATIONLANGUAGECERTIFICATE
3 DaysEnglishDISS Certificate
 *Please notify us if an interpretation is required 
course benefits/progression opportunities
Course objectives

The workshop will enable participants to;-

  • Explore drafting fundamentals in commercial contracts
  • Understand and effectively deal with allocation of risks using Representation and Warranty Clause in a contract
  • Safeguard your organizations interest when signing/issuing a Memorandum of Understanding (MOU), Letter of Intent (LOI) and Non-Disclosure Agreement (NDA)
  • Explore Model Arbitration Clauses used in International Contracts
  • Review miscellaneous clauses in contracts that are often neglected
  • Overcome ambiguity in contracts and combating major source of confusion and disputes
  • Learn how to assess, identify and mitigate contractual risks
  • Explore risk transferring clauses in a contract and avoid negligence
  • Understand the impact of Endgame Provisions its effects and ways to deal with termination clauses
  • Understand the importance of Risk Management in Commercial Contracts
  • Learn and understand Types of Insurance and how Insurance is used as a tool to mitigate risk
  • Learn how to develop Risk Management Plan
course outline
Day 1Day 2Day 3

Session 1

Building Blocks Concept

  • Learn the fundamentals of Contract Drafting
  • Understand how to Convert Term Sheet into Contract
  • Understand how to allocate risks when doing due diligence and correctly allocate risks using the Representation and Warranty Clause

Session 2

Drafting the front of the contract, introductory and lead in clause

  • Magnifying clearer draft, concise contract and make appropriate use of definitions in a contract as your best practice
  • Simplicity at its best by using the active voice and delete the unnecessary wordings
  • Drafting a structured Contract

Session 3

Rules of Interpretation of Contract

  • How are contracts interpreted
  • Dealing with ambiguity in contracts
  • Importance of priority of documents

Session 4

Understanding Important Concepts in Contract

  • Breach of contract
  • Material breach of contract
  • remedies for breach of contract

Session 5

Dealing with Endgame Provisions

  • Understanding termination clause: Termination prior to the end of the term may be of breach of contracts
  • Mutual termination: Allocating the termination clause without jeopardizing your existing relationship
  • Termination for cause or termination of convenience

Session 6

More on Contracting

  • Contract Types

What Types of Contracts are best Suited to Transfer Risk

  • Fixed Price, Turnkey, Lumpsum
  • Cost Reimbursable
  • Time & Materia
  • Unit Price

Session 1

Zooming in Into the Right Crust of a Well Written Contract

  • Drafting techniques using proper contract language most commonly used in contracts:

– Materially adverse effect

– Reasonableness

– Consent not to be unreasonably withheld

– Best/Reasonable Efforts

– To the best of its knowledge

– Substantially in the form of

– To the extent permitted by law

– Notwithstanding to the contrary

– Including without limitation

– From time to time

– As the case may be

– Incorporated by reference

– For the avoidance of doubt

– Without Limiting the Generality of the Foregoing

Session 2

Miscellaneous provisions in contract

– Waiver

– Entire Agreement

– Severance

– Amendments

– Variations

– Notices

Session 3

Understanding and drafting boilerplate Clause which deal with Allocation of Risk/Risk Transfer

  • Liquidated damages / penalty / consequential damages
  • Force majeure
  • Limitation of liability clause
  • IPR: Ownership rights in contract
  • Performance guarantee
  • Subrogation / waiver of subrogation
  • Indemnity
  • Assignment / delegation clause
  • Cumulative remedies
  • Transaction cost
  • Third party liability
  • Consequential loss
  • Negligence / gross negligence

Session 4

Handling Complex Challenges and Risks in Contracts

  • Memorandum of understanding (MOU)
  • Letter of Intent (LOI)
  • Confidentiality Agreement and Non-Disclosure Agreement (NDA)
  • Drafting MOU, LOI and NDA using international best practices to be followed

Session 1

Guidelines for drafting

  • Scope of Work (SOW)
  • Service Level Agreement (SLA)
  • Master Services Agreement (MSA)

Session 2

  • Guidelines for drafting Performance based Acquisition
  • Performance Standards in a Contract

Session 3

Insurance

  • CAR Policy
  • Professional Indemnity Insurance
  • Third Party Liability Insurance
  • Commercial General Liability ( CGL)
  • Inland Marine Insurance
  • D & O
  • Cost Of Insurance
  • Principles of Insurance Law
  • Contractual Risk – insured/ non-insured

Session 4

Risk Management

  • Implementing robust risk management process
  • Developing a Risk Management Plan & Strategy

Session 5

Alternative Dispute Resolution: Finding the Right Way Out

  • Conflict in contracts: Addressing the right mechanism in contract before them issues becomes a dispute
  • To litigate or arbitrate: Which should you put as your prior decision?
  • Best strategies in drafting an enforceable Arbitration clause
  • Modal of Arbitration clauses:

– Ad hoc or institutional Arbitration

– Domestic and International Arbitration

Course methodology

The trainer will deploy a full range of lively and interactive training methods, including exercises, case studies, practice sessions and group discussions. This program is designed to help you understand the nuances in commercial contract. You will gain significant insight to concepts in Risk Management and Insurance

COURSE TYPE: WEBINAR

DATEDAYQATAR TIME
17-19 May 21Mon-Wed09:00-15:00
21-23 Jun 21Mon-Wed09:00-15:00
19-21 Jul 21Mon-Wed09:00-15:00
16-18 Aug 21Mon-Wed09:00-15:00
20-22 Sep 21Mon-Wed09:00-15:00
18-20 Oct 21Mon-Wed09:00-15:00
15-17 Nov 21Mon-Wed09:00-15:00
20-22 Dec 21Mon-Wed09:00-15:00
TESTIMONIAL

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Meet THE INSTRUCTORS
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