DRAFTING ANDNEGOTIATION OF

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2019

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ABOUT THEEVENT

In today's highly competitive and cost-conscious environment, negotiating and drafting commercial contracts is an important part of business activity and needs continual updating and enhancing. It requires legal professionals to be well versed with the drafting techniques and expertise to foresee the risk and have futuristic thinking to handle contracts in the best interest of their organization.Achromic Point's upcoming Instructor-led workshop "Drafting and Negotiation of Commercial Contracts 2019" offers a unique opportunity to keep up to date with current developments in the law and practice from looking at recent case law on implied terms and the circumstances in which a court would enforce an express duty of good faith, through to an examination of specic terms such as those relating to assignment, transfer and third party rights. This training will also equip you with the skills necessary to effectively manage contractual pitfalls and implement dispute management.

Avoid common contractual pitfall

Administer commercial contracts to boost your performance and profitability

Mastering innovative negotiation skills

Practical insights into advanced contract drafting

Define performance terms to guarantee effective delivery and minimize costs

Drafting effective Dispute Resolution & Arbitration clauses

Understand the new trends of procurement fraud and other risks and how best to mitigate them Drafting effective Dispute Resolution & Arbitration clausesB

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WHO SHOULD ATTEND

BUSINESS DEVELOPMENT

COMPANY SECRETARY

PROCUREMENT/PURCHASE DEPARTMENT

ADVOCATES & ATTORNEYS

CEOS

IN-HOUSE COUNSEL

MANAGING DIRECTOR

COST ACCOUNTANTSCONTRACT MANAGERS

DIRECTORS/CFOS

CHARTERED ACCOUNTANTS

HEAD LEGAL / GENERAL COUNSEL

CORPORATE LAWYERS

COMPLIANCE OFFICER

AGENDA

Constituents of a ContractŸ Difference between letter of Intent, an Agreement and a

contractŸ Converting MoU, Letter of Intent into a formal ContractŸ Force MajeureŸ Case Study Ÿ DamagesŸ Rights of Indemnity Holder (Sec. 125)Ÿ Indemnity v. DamagesŸ Liquidated Damages & PenaltyŸ WarrantyŸ Limitation of LiabilityŸ Procurement ContractŸ Governing LawsŸ Important points for enforcement and form requirements

Hands-on Workshop on Negotiation and DraftingŸ Understanding the needs of negotiating partiesŸ Planning and Conducting NegotiationŸ Determining the rights of partiesŸ Determining the obligation of partiesŸ Drafting a ContractŸ Domestic ContractsŸ International ContractsŸ Analyzing the key elements in cross border agreementŸ Dispute Resolution & Jurisdiction Issues in International

ContractsŸ Case Study

Ÿ Remedies for disputes emerging from contracts

Ÿ Key Issues, Challenges and Way forwardŸ Repositioning India for Arbitration

Ÿ Understanding & identifying dispute prone areasŸ Possible consequences and the medium of dispute resolution mechanisms

Ÿ Dispute Resolution

Arbitration and Dispute ResolutionŸ What is Arbitration

SPEAKERS@ New Delhi

KAUSTUBH PRAKASHAssociate, Vaish Associates Advocates

Kaustubh Prakash is an Associate in the litigation team of Vaish Associates Advocates. He has been practicing before the Supreme Court, Delhi High Court, District & Sessions Courts in Delhi and NCLT/AT in matters involving insolvency and bankruptcy law, contract and commercial laws, criminal law including money laundering and economic offences, service law, environment law, mining law and consumer law. He has appeared and argued matters before Patiala House Court, Saket District Court, NCDRC, NGT and Arbitral Tribunals including DIAC and Sole Arbitrators in Delhi.

NPS CHAWLA Associate Partner, Vaish Associates Advocates

Mr. NPS Chawlais a Principal Associate with the Corporate Team of Vaish Associates Advocates, Delhi. He has been associated with the Firm since July, 2008 and has an overall experience of 10 years. Apart from holding a law degree, he is also a fellow member of the Institute of Company Secretaries of India (“ICSI”) and holds masters degree in law and master degree in management as well. He is also an elected member of the Northern India Regional Council (NIRC) of the ICSI and was also elected as the Chairman, NIRC-ICSI in the year 2015.

SPEAKERS@ New Delhi

GAURAV VARMA Principal Associate, Vaish Associates Advocates

Mr. Gaurav Varma is a Principal Associate with the dispute resolution practice team at Delhi Office of Vaish Associates. He has experience of 9 years in the field of civil, corporate and criminal litigation and arbitrations (domestic and international). He represents clients on regular basis before Supreme Court of India, different High Courts, Trial Courts, Debt Recovery Tribunals, National Company Law Tribunal, Securities Appellate Tribunal and Arbitral Tribunals.

KAVITA JHA Partner, Vaish Associates Advocates

Kavita Jha is with VA, Delhi since 2003 when she moved her practice from the High Court of Calcutta to the High Court of Delhi. She has also been an Advocate-on-Record in the Supreme Court of India since June, 2007 and specializes in tax litigation: income tax, VAT and sales tax as well as criminal law and arbitration. She has been an empanelled Advocate before the Supreme Court for the Union of India, the State of Maharashtra and other government agencies, in which capacity she has handled a multitude of civil and criminal matters.

ARTI NARSANA Principal Associate, Vaish Associates Advocates

Arti Narsana has led many high profile M&A transactions, private equity transactions, and advised on various aspects of corporate and commercial laws, etc. She has vast experience in drafting and negotiation of complicated commercial contracts both domestic and international including supply agreement, master software development agreement, distribution agreements, contract manufacturing agreement, joint venture agreements, master license agreement, exclusive distribution agreements, share subscription agreement, shareholders agreement, confidentiality and intellectual property assignment agreements, etc.

MELVYN FERNANDESAssociate Partner, Vaish Associates Advocates

Mr. Melvyn Fernandes heads the litigation practice in the firm and has been associated with the Firm since 2014. He has extensive experience in handling both domestic and cross-border disputes including disputes in the field of intellectual property, corporate law, commercial disputes, insolvency related litigation domestic and international arbitrations and regulatory disputes.

SPEAKERS@ Mumbai

AVIK KARMAKAR Co-Head Private Equit, Vaish Associates Advocates

Avik Karmakar has about sixteen years of experience on advisory and transactional aspects of Private Equity, Venture Capital funding, Mergers and Acquisitions and Joint Ventures. As a transactions lawyer, he has led numerous deals and has advised clients extensively on structuring, due diligence and documentation support such as drafting, reviewing and negotiation of transaction documents and closing and post-closing actions.

SPEAKERS@ Bengaluru

GAURAV VARMA Principal Associate, Vaish Associates Advocates

Mr. Gaurav Varma is a Principal Associate with the dispute resolution practice team at Delhi Office of Vaish Associates. He has experience of 9 years in the field of civil, corporate and criminal litigation and arbitrations (domestic and international). He represents clients on regular basis before Supreme Court of India, different High Courts, Trial Courts, Debt Recovery Tribunals, National Company Law Tribunal, Securities Appellate Tribunal and Arbitral Tribunals.

SIDDHARTH DANGPrincipal Associate, Vaish Associates Advocates

Siddharth is a principal associate with the corporate team of Vaish Associates. He has been associated with the Firm since June, 2011. Primarily a corporate transactional lawyer, he specializes in documenting and negotiating commercial transactions, more particularly those relating to mergers and acquisitions, joint ventures, inbound foreign investments, private equity investments and divestment of business and business assets. He also has substantial experience in advising clients on renewable energy projects and other infrastructure transactions.

SPEAKERS@ Chennai

SUJOY C. DATTASenior Associate, Vaish Associates Advocates

Mr. Sujoy Datta is a Senior Associate with the litigation team, arbitration and dispute resolution practice of Vaish Associates Advocates, Delhi. He has an experience of 4.5 years in civil and commercial litigation. He has been involved in practice before various for a including the Supreme Court, Delhi High Court, various District Courts in Delhi and tribunals including the Company Law Board, Debts Recovery Tribunal, National Green Tribunal and Consumer Forums on a variety of matters including Maharashtra in a variety of matters including contractual and commercial disputes, environmental law litigations, intellectual property disputes, arbitration proceedings, consumer disputes, criminal proceedings, banking disputes, real estate disputes.

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