• Understand the need to negotiate the “deal” before structuring the contract documentation.
• Utilize the tools & techniques to assist in such negotiations & enhance the efficient management of contract.
• Assess the drafting and modification of specific contract clauses, using real examples.
• Introduce some of the differences in approach in different jurisdictions.
• Examine ways to avoid disputes, or to manage them successfully.

CONTENT:

The “Deal” Behind the Contract, and How to Get There?

• What constitutes a contract: form, ingredients and basic structure
• The context of commercial arrangements
• Innovative commercial solutions
• Relationship between negotiation and contract drafting
• Closing a deal - Authority to sign and agency principles
• Formalities to finalize 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

Drafting Specific Clauses

• 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

 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, and Mediation
• Overview of seminar, and final question session

FOR WHOM:

Legal Officers and others who perform related functions

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.

This course is available in the following locations:
Ghana    - $6500
Rwanda - $7500
UK - $8500
USA - $8500