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C L A R I D E N Singapore | Sydney | Melbourne | Dubai | Hong Kong |
London | New York | San Francisco | Toronto | Auckland
COMMERCIAL CONTRACT DRAFTING AND NEGOTIATION FOR NON-LAWYERS
CLARIDEN GLOBAL LEGAL LEADERSHIP INSTITUTE
CLARIDEN CREDENTIALS AND ENGAGEMENTClariden Global is the pre-eminent and infl uential global business leadership institution. Today, we host
more than 200 global executive education and major conference events around the world. We have partnered
with professional organizations such as the Association of Chartered Certifi ed Accounts (ACCA) and thought
leaders from prestigious universities such as Harvard University John F. Kennedy School of Government,
Wharton School of the University of Pennsylvania and Stanford University.
Improving Your Contract Reviewing and Negotiation Effectiveness
March 20 - 21
DUBAI, UAEBonnington Jumeirah Lakes Towers
2017
The Clariden Experience
Why Clariden Global Executive Education?
Commercial Contract Drafting and Negotiation for Non-Lawyers
5 Program Introduction
7 Faculty Director
8 Program Overview
9 Program Outline
Participating Companies
Testimonials
In-house Custom Executive Programs
Contact Us
Registration
4
5
11
13
14
15
CONTENTS
3
12
To maximize both your enjoyment and professional development, Clariden Global holds its executive
programs at fi ve star hotels, some of which include:
Shangri-La Hotel, SingaporeSingapore
Conrad London St JamesLondon, United Kingdom
InterContinental Melbourne The RialtoMelbourne, Australia
Grand Hyatt: Union Square San Francisco HotelSan Francisco, United States
Amidst lush gardens, this 3-wing luxury hotel is 6
km from the iconic Marina Bay Sands resort and
9 km from Sentosa.
Across the street from St. James’s Park tube
station, this sophisticated hotel is 10 minutes’
walk from Buckingham Palace and 2 miles from
the Victoria and Albert Museum.
Set in a grand 1891 building, this upscale chain
hotel is 3 blocks from the Yarra River, and an
8-minute walk from the SEA LIFE Melbourne
Aquarium.
Less than a block from Union Square, this stylish
high-rise hotel is an 11-minute walk from the
Moscone Center and 1.9 miles from Pier 39.
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected]
Terms & Conditions: Clariden Global International Limited reserves the right to change the
venue of the program due to reasons beyond their control.
THE CLARIDEN EXPERIENCEENJOY LEARNING WITH THE
FIRST-CLASS, WELL-ROUNDED EXPERIENCE
3
WHY CLARIDEN GLOBAL EXECUTIVE EDUCATION?
5,000+Companies
15+Countries
10,000+Participants
50+Industries
GLOBAL ENGAGEMENT Clariden Global is the pre-eminent and infl uential global business leadership institution. Today, we host
more than 200 Global Executive Education and major conference events across 15 countries and 17 cities,
including Singapore, London, Hong Kong, Sydney, Melbourne, Perth, New Zealand, San Francisco, Toronto,
Johannesburg, Shanghai, Beijing, Kuala Lumpur, Dubai, Toronto, The Netherlands, New York and Zurich.
INTERNATIONALLY DIVERSE, SENIOR-LEVEL PARTICIPANTSClariden Global Executive Education programs have attracted participants from more than 5,000 global
MNCs, regional corporations, and FORTUNE 500 companies, from more than 40 countries. All applications
are reviewed based on professional achievement and organizational responsibility. Designed for individuals
at all levels, from top executives to emerging leaders, each intensive program is crafted to equip leaders
with essential capabilities to improve corporate performance and position their organizations to thrive.
THOUGHT LEADERSHIPTo provide strategic insights and relevant world-class executive education to global organizations, Clariden
Global engages the best thought leaders and leading authorities from around the world. These include
professors and faculty leaders from Harvard University, Stanford University, University of Pennsylvania
Wharton, London Business School and other premium institutions to deliver transformational knowledge.
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 4
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 5
FACULTY DIRECTOR
DATES20 – 21 March 2017
LOCATIONBonnington Jumeirah Lakes Towers
TUITION FEESEarly Bird 1 (Register & pay by 23 January 2017 ): US$2,490
Early Bird 2 (Register & pay by 20 February 2017): US$2,690
Regular Tuition Fee: US$2,790
Group discount of 10% for 2nd participant from the same organization. For limited time only by
20 February 2017 register 3 participants and the 4th participant will receive a complimentary seat (One
discount scheme will apply).
PROGRAM ADVISORPravind RavindranEmail: [email protected]
Phone: +44 (0) 20 7129 1222
PROGRAM INFORMATION
• Leading course designer and presenter with nearly 25 years’ experience in Contract Law, International Commercial Agreements, Joint Ventures and Acquisitions
• Delivered more than 2,000 training sessions in the UK and internationally and conducted
over 40 seminars and workshops in the UAE since 2007 to CEOs, finance directors, contract managers, consultants and engineers in the GCC as well as to lawyers and other legal professionals in the region
• Clients include national and international companies such as Qatar Financial Centre, Siemens AG, Dubai Health Care City, Dubai International Airport, ENOC LCC and Government
departments such as UAE Ministry of Defence and UK Government Department for Business, Innovation and Skills and many more
• Lead designer for the International Lawyers Training Program of the Law Society of England and Wales
• Worked at prominent universities including the Oxford Institute of Legal Practice and the
University of Law, London
Michael Twomey
PROGRAMCOMMERCIAL CONTRACT DRAFTING AND
NEGOTIATION FOR NON-LAWYERS
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 6
PROGRAMCOMMERCIAL CONTRACT DRAFTING AND
NEGOTIATION FOR NON-LAWYERS
• Master effective techniques for constructing clear, concise and comprehensive contract clauses
• Distinguish between different types of contracts and contractual terms that are similar, for example, insurance,
indemnifi cation, limitation of liabilities, etc.
• Clearly understand and strategically utilize legal jargons, special terms and legal writing style
• Execute powerful negotiation strategies to achieve business objectives and increase profi tability
• Understand how changes beyond your control could affect the profi tability of the deal
• Identify, manage and mitigate risks and liability while holding your suppliers accountable
• Provide effective and valuable remedy strategies should breach of contract occur
This course is designed for anyone responsible for drafting and negotiating contracts, including Contracts Managers
& Administrators, Sales & Marketing Managers, Procurement Managers & Executives, Commercial Managers
& Executives, Claim Managers, Purchasing Managers & Executives, Project Managers, Engineers, Business
Development Managers, Supply Managers, Trade and Export Finance Managers, Corporate Directors, Paralegals,
and Corporate and In-House Legal Counsels.
KEY BENEFITS
WHO WILL ATTEND THIS PROGRAM
PROGRAM ESSENCE
This comprehensive 2-day program will help you master contract drafting and negotiation so as to ensure that your
contracts secure the intended commercial outcomes, benefits and profitability for your organization. You will learn
effective techniques and frameworks to draft concise and clearly articulated contracts by understanding the contract
language, the local contract law context and how to align it to your business objectives. You will also acquire best-in-class negotiation techniques to successfully steer your negotiation to a desirable binding contract that enhances your business
profi tability and effectively mitigating any potential legal risks and disputes that may arise. Packed with real-life case studies and interactive discussion sessions, you will leave this program strong legal knowledge and powerful negotiation
techniques that will improve your skill, effi ciency and confi dence in drafting an effective contract and negotiating for greater
profi tability while protecting your organization’s interest.
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 7
Legal Training Programs (Corporate and Commercial), Law2020
Widely recognized as a leading course designer and presenter, Michael has nearly 25 years’ experience in legal education and training in Contract Law, International Commercial Agreements, Joint Ventures and Acquisitions.
Michael has delivered more than 2,000 training sessions in the UK and internationally and conducted over 40 seminars and workshops in the UAE since 2007 to CEOs, finance directors, contract managers, consultants and engineers in the GCC as well as to lawyers and other legal professionals in the region with respect to Contract Law, International Commercial Agreements, Joint Ventures and Acquisitions.
Some of his clients include national and international companies such as Qatar Financial Centre, Siemens AG, Dubai Health Care City, Dubai International Airport, ENOC LCC and Government departments such as UAE Ministry of Defence and UK Government Department for Business, Innovation and Skills and many more.
He is also the lead designer for the International Lawyers Training Program of the Law Society of England and Wales and has worked at prominent universities including the Oxford Institute of Legal Practice and the University of Law, London.
His courses have been attended by delegates from:
• UAE Ministry of Defence
• ENOC LLC
• Dubai International Airport
• Qatar Financial Centre
• Dubai Health Care City
• TNT UAE LLC
• Siemens AG
• Total S.A.
• Network Rail - owner and infrastructure
manager of most of the rail network in England,
Scotland and Wales
• TomTom NV
• Leading international law fi rms based in London
• Leading GCC law fi rms
• UK Government departments – Department for
Business, Innovation and Skills, Department for
And from across industries like:
• Manufacturing
• Oil & Gas
• Energy
• Construction
• Shipping
• Logistics
• Infrastructure & Utilities (Road, Power, Water)
• Transport
• Storage
• Terminals
• Aviation & Aerospace
• Government
• Pharmaceuticals
• Computing and software
• Telecommunications
FACULTY DIRECTOR
PROGRAMCOMMERCIAL CONTRACT DRAFTING AND
NEGOTIATION FOR NON-LAWYERS
Michael Twomey
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 8
According to Contract Management Benchmark Report from Aberdeen
Group, poorly constructed clauses incur huge business losses to
as high as “$153 billion per year in missed savings, opportunities and increased risks”. In addition, many companies are faced with
diffi culties to increase their profi t margin when negotiating for better
terms and fees while holding their suppliers accountable when
potential contract breach or dispute arises.
The problem here is that most companies faced diffi culty in drafting,
structuring and managing an effective, well-structured commercial
contract due to poor use of contractual language, unclear contract
clauses and ambiguous provisions. In addition, companies are
hindered by the lack of knowledge and techniques in structuring and
developing good negotiation and risk mitigation strategies to increase
profi tability and hold your supplier accountable when contract
disputes and complications arises.
Without in-depth knowledge and good application techniques of
effective drafting and fee negotiation skills, companies may face
project delays, miscommunication, misunderstanding and adverse
business impacts such as profi t loss and high legal charges.
Designed for non-legal professionals, this comprehensive 2-day
program will help you master contract drafting and negotiation.
You will gain understanding of working parts of a valid contract, how
to draft sound and watertight commercial contracts, and negotiate
effectively to help your company achieve the intended commercial
outcomes, benefi ts and profi tability.
Led by Michael Twomey, widely recognized as leading contract lawyer with over 25 years of immaculate track record, he will show
you effective techniques and frameworks to draft clear, concise and unambiguous clauses consistently and coherently by understanding
the legal language, the local contract law context and how to align it
to your business objectives. You will also learn to adapt relevant and reliable drafting precedents to save time and trouble while avoiding common errors, omissions, and ambiguities that may jeopardize theagreement. Furthermore, you will acquire best-in-class negotiation techniques to successfully steer your negotiation to a desirablebinding contract that enhances your business profi tability and effectively
mitigating any potential legal risks and disputes that may arise.
Packed with real-life case studies and interactive discussion sessions,
you will leave this program strong legal knowledge and powerful
negotiation techniques that will improve your skill, effi ciency and
confi dence in drafting an effective contract and negotiating for greater
profi tability while protecting your organization’s interest.
OVERVIEW
PROGRAM OVERVIEWCOMMERCIAL CONTRACT DRAFTING AND
NEGOTIATION FOR NON-LAWYERS
This course has been
independently certifi ed as
conforming to accepted
CPD guidelines. On average,
this executive program
contributes 16 hours towards your CPD.
Delegates must register at the start and
close of each workshop to be awarded a
certifi cate of completion.
CPD CERTIFICATION DETAILS
Ensuring profitability in the contract: key clauses and identifying risks• Case study identifying the key provisions
• What are the risks and how can the contract provide for them?
• What will be your negotiation strategy and how will the other side respond?
• What conditions should be satisfi ed prior to signing the agreement?
• What are the liabilities associated with pre-contract negotiations?
Identification of and provision for changes that could affect value• Known knowns, known unknowns, and unknown unknowns
• Providing for the foreseeable – identifying and drafting express terms
• Providing for the unforeseeable – what are the options?
• Reasons for change and how to prevent change affecting profi tability
Risks of not identifying and managing change effectively• The risks of doing nothing – a trap for the unwary
• The risks of doing something
• Variation – what does that contract say and can we rely on it?
• Waiver – does the no-variation clause work?
• Protective provisions in the contract
• Effect on guarantees and performance bonds – caution needed!
Dealing with change – price variation• Drafting effective price variation provisions
• Dealing with increased costs – options
• Proposal, assessment, evaluation and agreement
• Setting out a clear and workable process
• Change orders and extensions of time
Managing variations • Formal change control procedures – ensuring the provisions work
• Ensuring strict compliance with the provisions
• Service Level Agreements and other mechanism for adjusting payments
• Liability for changes – legal issues
DAY 1
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 9
09:00 - 17:00 / 20 March 2017
PROGRAM OUTLINECOMMERCIAL CONTRACT DRAFTING AND
NEGOTIATION FOR NON-LAWYERS
Preserving value and preserving the contract• Negotiations to manage change
• The legal issues relating to negotiations
• Care needed to avoid inadvertent agreements and liability
• Renegotiation: variation, novation or replacement
• Identifying and assessing the options
Resolving and managing a dispute• What does the contract say?
• Assessing the options
• Resolving the dispute though mediation, expert determination, of other methods
• Arbitration or litigation?
• Essential commercial and legal concerns
• The vital steps and tactics when a dispute arises
Terminating an unprofitable contract• What does the contract say?
• Can you terminate for convenience and how?
• Can you terminate for cause?
• What is the cost of termination?
Liability – the cost of breach• How are damages assessed?
• What are liquidated damages and are LD clauses effective?
• Have the parties limited or excluded liability?
• Are the clauses effective?
• Assessing the likely outcome of litigation or arbitration
DAY 2
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 10
09:00 - 17:00 / 21 March 2017
PROGRAM OUTLINECOMMERCIAL CONTRACT DRAFTING AND
NEGOTIATION FOR NON-LAWYERS
PARTICIPATING COMPANIESMore than 5,000 companies have participated in our programs
ADVERTISING, INTERNET, MEDIA,PUBLISHINGBBC Worldwide
CNN
eBay
MediaCorp
Saatchi & Saatchi
Singapore Press Holdings
The Financial Times
The Hoffman Agency
The Walt Disney Company
Thomson Reuters
CONGLOMERATEFraser & Neave
General Electric
General Motors
Mitsubishi
Monsanto
Siemens AG
Sodexo
FINANCIAL SERVICES, INSURANCEBank of America Merrill Lynch
AIA
Allianz Global Investors
American Express
Aviva
AXA
Barclays Bank
Citibank
DBS Bank
Deutsche Bank
HSBC
JP Morgan Chase Bank
Manulife
MasterCard
Maybank
Mizuho Bank
OCBC Bank
PayPal
Prudential
Rabobank
Standard Chartered Bank
Suncorp
Swiss Reinsurance
TD Securities
Visa
Westpac
Zurich Insurance
FOOD, BEVERAGECoca-Cola Beverages
Danone
Ferrero
Heineken
McDonald
PepsiCo
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 11
GOVERNMENT, NONPROFITAustralian Securities and Investments
Commission
Central Provident Fund Board
Changi Airport Group
Economic Development Board
GIC
NSW Treasury
Serco
Temasek Group
HEALTHCARE, PHARMACEUTICALSAbbott Laboratories
Eu Yan Sang
Glaxosmithkline
Hoffmann-La Roche
Johnson & Johnson
Merck
Pfi zer
Sanofi
HOSPITALITYCapitaLand
Far East Organization
Frasers Hospitality
Hilton Worldwide
Marriott Hotels
Pan Pacifi c Hotels Group
Shangri-La Hotels & Resorts
MANUFACTURING (CONSUMER)British American Tobacco
Estee Lauder
Fonterra Brands
Heineken
Kimberly-Clark
Kraft Foods
Lego
Mars Foods
Nestlé
Procter & Gamble
Unilever
MANUFACTURING (INDUSTRIAL)Airbus
Corning Optical Communications
Daimler
Harley Davidson
Intel Semiconductor
Rolls-Royce
Volvo Group
Wearnes Automotive
OIL & GAS, NATURAL RESOURCESCaltex
Chevron
ConocoPhillips
ExxonMobil
Maersk
Petronas
Santos
Saudi Arabian Oil
Schlumberger
Shell
PROFESSIONAL SERVICESAECOM
Aon Hewitt
Ernst & Young
PricewaterhouseCoopers
RETAIL, TRADEAdidas
Cargill
DFS
Harvey Norman
Hennes & Mauritz
IKEA
L’Oreal
Marks and Spencer
NTUC Fairprice
Tesco
TECHNOLOGY, ELECTRONICS3M
Apple
Canon
Dell
Hewlett Packard
Intel Technology
Lenovo
Micron Technology
Microsoft
Oracle
SAP
Sony Electronics
TE Connectivity
TELECOMMUNICATIONSEricsson
Nokia
Olive Communications
Singtel
Starhub
Tata Communications
Telstra
Verizon
Vodafone
TRANSPORTATIONAuckland Transport
Cathay Pacifi c Airways
Dubai Air Navigation Services
New Zealand Transport Agency
Fiji Airways
Metro Trains Melbourne
NSW Trains
SBS Transit
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 12
FACULTY DIRECTOR
MICHAEL TWOMEY’S TESTIMONIALS
Michael has done a
good deal of corporate
training for our
lawyers at Dechert,
and he is absolutely
fi rst rate. He
combines a fantastic
knowledge of the law,
with enthusiasm and
an engaging teaching
style.
These are critical
points that need
careful consideration
by a person who has
the capacity to draft/
review an effective
contract
Commercial Manager
Sanofi Aventis Groupe, FZE (global healthcare leader)
Director of Training
Dechert LLP (international law fi rm)
“
“ ““
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 13
IN-HOUSE
CUSTOM
EXECUTIVE
PROGRAMS
Clariden Global delivers custom learning programs for organizations all around the world. Whatever your business
challenges are, we create focused learning experience that enables your organization to achieve success. Through
partnerships with the most renowned thought leaders, industry experts and professors from around the world,
these in-house custom executive programs will equip you with essential skills and capabilities to develop and
implement strategies more effectively at your organization.
Engage with our thought leader today:
PROGRAM ADVISORPravind RavindranEmail: [email protected]
Phone: +44 (0) 20 7129 1222
Widely recognized as a leading course designer and presenter, Michael has nearly 25 years’
experience in legal education and training in Contract Law, International Commercial
Agreements, Joint Ventures and Acquisitions.
Some of his clients include national and international companies such as Qatar Financial Centre,
Siemens AG, Dubai Health Care City, Dubai International Airport, ENOC LCC and Government
departments such as UAE Ministry of Defence and UK Government Department for Business,
Innovation and Skills and many more.
CONTACT US
Legal Training Programs (Corporate and Commercial), Law2020
Michael Twomey
CONTACT US
Contact Pravind Ravindran, Program Director at +44 (0) 20 7129 1222 | [email protected] 14
We encourage you to learn more about Clariden Global Executive Education custom and open-enrollment programs.
Our staff will be happy to answer your questions and help you determine the programs work best for you and your
organization.
ENQUIRY FOR THIS PROGRAMPravind RavindranEmail: [email protected]
Phone: +44 (0) 20 7129 1222
SINGAPOREEmail: [email protected]
Phone: +65 6899 5030
Fax: +65 6567 4328
Address: Clariden Global Pte Ltd 3 International
Business Park #04-29, Nordic European
Centre Singapore 609927
LONDONEmail: [email protected]
Phone: +44 (0) 20 7129 1222
Fax: +44 (0) 84 3218 0413
Address: 1 King Street London,
EC2V 8AU United Kingdom
AUSTRALIAEmail: [email protected]
Phone: +61 3 9909 7310
Fax: +61 3 9909 7788
Address: Clariden Global Pty Ltd
530 Little Collins Street, Level 1
Melbourne VIC 3000, Australia
CUSTOMIZED PROGRAMSPravind RavindranEmail: [email protected]
Phone: +44 (0) 20 7129 1222
REGISTRATION & PAYMENT MATTERSEmail: [email protected]
Phone: +44 (0) 20 7129 1222
REGISTRATION
(20 - 21 March)Commercial Contract Drafting and Negotiation
for Non-LawyersUS$2,490 US$2,690 US$2,790
PROGRAM FEES
C L A R I D E N
Program1st Early Bird Fee
(If payment & registrations are received
by 23 Jan 2017)
2nd Early Bird Fee(If payment &
registrations are received by 20 Feb 2017)
Regular Fee Per Participant
Bonnington Jumeirah Lakes Towers
20 - 21 March 2017
Cluster J, P.O. Box 37246,
Dubai, U.A.E,
Phone: +971 4 356 0000
Website: http://www.bonningtontower.com/
Email: [email protected]
Fax: +44 (0) 84 3218 0413
Call: +44 (0) 20 7129 1222
Website: www.claridenglobal.com
By Cheque/ Bank Draft
By Telegraphic Transfer
By Credit Card
Group discount of 10% for the 2nd participant from the same organization.
For limited time only by 20 February 2017 register 3 participants and the 4th
participant will receive a complimentary seat.
*One discount scheme applies.
An invoice and registration confi rmation will be sent within 7 days, please
contact us if you have not heard from us within 7 days. Payment details will
be sent together with the invoice based on your preferred payment method.
ALL PAYMENTS MUST BE RECEIVED IN ADVANCE OF THE EVENT.
Accommodation is not included in the program fee but you will be entitled
to use our corporate rate for your accommodation. Information will be sent
along with your registration confi rmation.
Once we have received your booking, the place(s) are confi rmed. No refunds
will be made for any cancellations, however, program credits of equivalent
value only applicable for Clariden Global events will be provided. Credits
can only be redeemed for 1 program and is valid for only one (1) year from
date of issue.
Substitution with a qualifi ed candidate is allowed by providing at least 5
working days of advance notice to Clariden Global. One time substitution
is allowed with no charges. Subsequent substitutions will be charged 10%
admin fee.
PLEASE NOTE: Clariden Global International Limited reserves the right to
change the content and timing of the programme, the speakers and the date
and venue due to reasons beyond their control. If in the unlikely event that
the course is cancelled, Clariden Global International Limited will refund
the full amount and disclaim any further liability.
PRIVATE DISCLOSURE STATEMENT: Any information provided by you in
relation to this event is being collected by Clariden Global International
Limited and will be held in the strictest confi dence. It will be added to our
database for the primary purpose of providing you with information about
future events and services.FEE RECEIVED REFERENCE L7047/BL/PR
4 WAYS TO REGISTER 3 PAYMENT METHODS
VENUE AND ACCOMMODATION INFORMATION
CANCELLATIONS AND SUBSTITUTIONS*All cancellations must be received in written form.
GROUP DISCOUNTS
FOR OFFICIAL USE
Booking Contact (Approving Manager) Mr/Mrs/Ms:___________________
Job Title:____________________ Department:____________________
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Organization:_______________________________________________
Address:____________________________________________________
____________________________________Postal Code:____________
I would like to receive more information on hotel accommodation
using Clariden Global coporate rate.
Please register the following participant for this seminar.
(Please tick to select your seminar(s). You may tick more than one.)
1st Participant Name (Mr/Mrs/Ms):_________________________________
Job Title:___________________ Department:__________________________
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2nd Participant Name (Mr/Mrs/Ms):_________________________________
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