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Contract Drafting & Dispute Resolution Workshop

Recent, high profile corporate scandals have highlighted the need for internal audit work to address critical business and management issues which drive an organization’s success. Internal audit have a key role to play in providing assurance to the board, generally via the audit committee. To do this effectively and efficiently, Internal Audit need to adopt a risk based approach to their work.

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16 Nov 2018
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More about the Venue

Key Topics

Negotiation of Commercial Contracts

  • Planning and conducting contract negotiation
  • Understanding the needs of negotiating parties
  • Deal or no-deal situations – how to keep the options open
  • Determining the rights and obligation of parties
  • Win-win situation – a myth or a reality?
  • Understand the elements effecting negotiation process – Culture, Language & Legal System

A Hands-on Guide to Drafting Commercial Contracts

  • What is a Commercial Contract -The contract law fundamentals & elements
  • Difference between MU, letter of Intent, an agreement
  • Converting MoU, Letter of Intent into a formal Contract
  • Formation of contracts – Techniques in drafting contracts Introductory Provisions including Parties, Recitals, Definitions etc.
  • Critical Provisions including Appointment, Conditions Precedent, Consideration, Covenants, Term & Termination, Representations & Warranties & Indemnities
  • General clauses like Governing Law, Arbitration, Force Majeure, Arbitration etc.

Technique of drafting International Contracts

  • Analyzing the key elements in cross border agreements: What are the terms unique to overseas contracts?
  • Addressing various jurisdictions issue : Complying with overseas jurisdiction & coinciding with the rule
  • Effective techniques in drafting international commercial contracts

Sharing some cases on intricacies of:

  • General Commercial agreements
  • Joint Venture Agreements
  • Technical Collaboration Agreements
  • Franchise Agreements

Dispute Resolution Clauses & Mechanism

  • Understanding & identifying dispute prone areas
  • Possible consequences and the medium of dispute resolution mechanisms
  • Remedies for disputes emerging from contracts
  • ADR provision in contract
  • Litigation Or Arbitration – A comparative Analysis
  • Role of corporate counsel in dispute management

Why you should attend?stats

  • Administer commercial contracts to boost your performance and profitability
  • Practical insights into advanced contract drafting
  • Mastering innovative negotiation skills
  • Mapping the risks and measures of mitigation
  • Define performance terms to guarantee effective delivery and minimize costs
  • Avoid common contractual pitfalls
  • Drafting effective Dispute Resolution & Arbitration clauses
  • Practice exercises: Examples of Clauses & its implication with drafting exercises

Who Should Attendicon

  • Head-Contract Administration & Management
  • Head of Legal
  • Corporate Legal Counsel
  • General Counsel
  • Chief Counsel
  • Regional Counsel
  • Legal Managers
  • Corporate Legal Advisors
  • Company Secretaries
  • Senior Legal Practitioners
  • Legal Consultants
  • Lawyers

Akshay Bhargav

Akshay Bhargava

Akshay is a Partner in the M&A and Private Equity Practice Group in the Mumbai office. He primarily focuses on advising clients on corporate and commercial transactions such as private equity / venture capital investments, acquisitions, strategic alliances, foreign investment laws and general corporate law advisory matters. He has also advised foreign universities, educational institutions and private equity / venture capital firms in their investment initiatives, including structuring their investments, in the Indian education sector.

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Kruti Desai

Kruti Desai

Kruti has 13 years of experience in advising Indian and international clients on corporate and employment laws. She specialises primarily in private equity investments, joint ventures, mergers and acquisitions. Besides this, Kruti advises on exchange control laws, labour laws, IPR, data privacy, winding up and restructuring matters.

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Aarushi Jain

Aarushi Jain

Ms. Aarushi Jain is a senior member of the multi-skilled, research based international law firm, Nishith Desai Associates (www.nishithdesai.com) and is based out of the Mumbai office. She is a member of the firm’s Intellectual Property and Commercial Law Practice Group.

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Rishabh Gupta

Rishab Gupta

Dr Rishab Gupta is a Partner at Shardul Amarchand Mangaldas, and leads the firm’s arbitration practice in Mumbai. He is qualified to practice in India, the US and the UK (where he is a solicitor advocate with higher rights of audience). His practice focuses on domestic and international arbitration, complex commercial litigation and public international law. Before joining Shardul Amarchand Mangaldas, Rishab worked for several years at Allen & Overy in London and Debevoise & Plimpton in New York.

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Mayuri Tiwari

Mayuri Tiwari

Ms Mayuri Tiwari Agarwala is a Senior Associate at Shardul Amarchand Mangaldas, and a part of the firm’s arbitration practice in Mumbai. She is qualified to practice in India. Her practice focuses on domestic and international arbitration, complex commercial litigation and public international law. Before joining Shardul Amarchand Mangaldas, Mayuri worked for Trilegal, Bangalore and was an Associate Counsel at Singapore International Arbitration Centre (SIAC).

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Registration Details

Bank transfer to:
Current A/C No: 071605001979
IFSC Code: ICIC0000716
Swift Code: ICICINBBCTS
Corptive Research Private Limited
ICICI Bank Ltd. A 194, Okhla Phase 1, New Delhi 110020

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