Commercial Contracts Masterclass with special focus on JV Agreements

Business contracts today are just no more a plain signed paper of clauses. They have become a strategic part of today’s competitive business where most of the transactions are governed by thoroughly drafted and interpreted agreements. Reviewing, drafting and negotiating contracts are one of the most important and tedious aspects for today’s legal professionals. Business contracts needs to be inline of the business expectations and hence the person drafting the agreements should have a great level of business understanding. Today’s legal professionals need to be well versed with the drafting techniques to foresee the risk and have futuristic thinking to handle contracts in the best interest of their organization.

CorpKonnect’s full day Commercial Commercial Contracts Masterclass aims to sharpen up your abilities to draft and negotiate legally sound contracts in favour of your interest. This seminar will review the latest tips and techniques for negotiating and writing contracts in favour of your business needs so you can remain up to date and also guide you through in the techniques of managing modification of contracts in case of business demand.

Agenda

Technical Session 1: Strategic Negotiation of business contracts         

• Planning, conducting & documenting negotiations better and faster
• Understanding the needs of negotiating parties
• Deal-no-deal situation – how to keep the options open
• Determining the rights and obligations of parties
• Types of pre-contractual agreements:
       - Heads of Agreements
      - Confidentiality agreements

• The Boundaries of negotiating & Re- negotiating contracts
      - Relevance of pre-contractual agreements
     - Need for creating a win-win situation
    - Re-negotiation of a concluded contract 

Technical Session 2: A step by step guide to drafting a business contract   

• Essentials Elements of a Valid Contract
• Do’s and Don’ts
• Difference  between MOU, LOI and agreement
• Structure of a contract
• Representations and Warranties
• Limitation of Liability
• Indemnities
• Termination
• Penalty
• Boiler plate 
  
  

Techniques of drafting International Contracts

Variation and Modification of a contract

•  Modification of a contract
• Risks and consequences of contractual variation
• Lock in period
• Documentation of contract variation and modification
• Minimizing dispute risks through modification and variation

Technical Session 3: Drafting Joint Venture Agreements

Key legal issues at pre-contract stages

• Need for Disclosure agreement (NDA) and MOU
• Negotiation and disclosure
• Effective Due diligence to minimize risk

Creating an effective JV agreement

• Contribution by parties
• Key features of a JV agreement
• Unincorporated vs Incorporated JV agreements
• Competition law implications
• Non-Compete and Non-Solicit
• Termination mechanism

Technical Session 4: Managing Breach and Termination of contracts

•  Antecedent contractual obligations to breach of a contract
• Importance of warranty & indemnity clauses to a  contract at the time of breach
• Commercial pre-nuptial-effective termination clauses
• Types of termination
• Breach vs. repudiation
• Settlement of liability without exposure
• Limitations to early termination

Dispute Resolution Mechanism

Workshop Experts

• Arvind Kamath – Partner, ALMT Legal

• Sajai Singh – Partner, J. Sagar Associates

• Vaibhav Parikh – Partner, Nishith Desai Associates

• Anand Jaychandran – Partner, Cyril Amarchand Mangaldas

For registration or any other information, please contact Biplab SenGupta on +91- 8130826342 or write at training@corpkonnect.com