4-day International Commercial Contracts School Training Course, March 21st-24th, 2022 (Virtual)

Dublin, IRELAND


Dublin, Feb. 11, 2022 (GLOBE NEWSWIRE) -- The "4-day International Commercial Contracts School Training Course" training has been added to ResearchAndMarkets.com's offering.

This four-day Commercial Contracts School will give you a detailed understanding of contract law, drafting techniques and negotiation tactics.

Presented by an international specialist in the field, the course will enable participants to effectively navigate the complex areas of drafting and negotiating contracts.

It will provide the practical skills and knowledge needed to give you the confidence to understand and draft your agreements successfully.

Key Topics Covered:

Module 1: Basics and Necessary Theoretical Underpinning

  • Introduction to legal relationships: When are you obligated to someone?
  • Discussion
  • Common law:
    • Torts
    • Contracts
    • Statutory duties
    • Equity
  • Civil law:
    • Civil codes
  • Contract Interpretation
    • A contract: what's it all for?
    • Systems of law
    • Legal systems of the world
      • Civil law v common law approaches
    • English law:
      • Precedent (and some Latin)
      • Interpretation and construction
      • Classical contract interpretation (6 canons)
      • Clarity and ambiguity
      • Modern contract interpretation (10 principles)
      • The relevance of background to a contract
  • Some things to think about when drafting:
    • Breach of contract
    • Remedies and enforcement
  • How do you form a contract?
    • Ingredients to form a contract
      • Battle of the forms
    • Distinctions between negotiations and contracts:
      • Have you accidentally formed a contract while negotiating?
          • 'Subject to contract'
          • 'Without prejudice'

Module 2: Skills for Drafting a Contract

  • Commercial contract format and structure
    • Law and custom
    • Tone and format
    • Deed or under hand?
    • Mapping the deal
    • The free draft
    • The tied draft: structures of typical commercial contracts
    • Examining our agreement
  • Negotiating law, ancillary documentation and contracts
    • Negotiating law
    • Pre-contract documentation and discussions
    • Prevention is better than cure
    • Words to avoid
    • LDs and penalties
    • The pre-contract process
    • Preparation
    • Negotiations
    • Pre-contract documents
    • Interim Agreements
    • Pre-contract contracts (TLAs)
    • Content of TLA documents
    • Agreements to Agree and change
  • Terms: express, implied and standard terminology
    • Implied terms
      • 3 types
      • Plus 1
    • Express terms
      • Time is of the essence
      • Endeavours
    • Standard terminology
      • reasonable
      • substantial
      • material
  • Drafting techniques (practical tips)
  • Drafting techniques: the hard stuff (1)
    • Shall, will, endeavours
    • WCI
    • Undertakings
    • Representations
  • Drafting techniques: the hard stuff (2)
    • Warranties
    • Indemnities
  • Drafting techniques: the hard stuff (3)
    • Guarantees
    • Indemnities
  • Exclusion and limitation clauses
    • Famous liability myths
    • Internationally accepted practice
    • Factors which do and do not affect liability
    • Negotiating liability clauses: B2B
    • Arguments by each side
    • Drafting liability clauses: B2B
    • Types and categories of loss
    • UCTA
    • Exercises
    • Process issues

Module 3: Negotiating in the International Business Arena

  • Simplifying complexity
  • Background
    • Negotiation - what do we mean?
    • Good negotiators
  • A negotiation process model
    • General knowledge: know yourself and CP
    • Understanding fears
    • Understanding paralanguage
    • Understanding body language
    • Understanding negotiation styles
    • International negotiations: understanding context
    • International negotiations: understanding culture
    • Specific deal knowledge: know the deal
    • Understanding stakeholder interests
    • Understanding the key objectives
    • Understanding commercial leverage
    • BATNA
    • WATNA
    • Bottom line
    • ZOPA
  • Prepare your specific negotiation plan
    • Understanding and preparing your SIIOOPS
    • Preparing your team composition
    • Rehearsing
    • Setting the agenda
    • Preparing the environment
    • Defining communication rules
  • The negotiation
    • Negotiate!
    • Strategy and sharing
    • Feedback
  • Negotiation techniques
    • Techniques around offers and counters
    • Techniques to resolve conflicts
    • Techniques to build trust
    • Techniques to get past negotiation obstacles
    • Ploys and counterploys
    • Situational tactics
    • Closing

Module 4: Boilerplate and Standard Clauses

  • Introduction to boilerplate
  • Transferring Contractual Obligations
    • Transferring rights
    • Assignment
    • Novation
    • Other
  • Third party rights
    • Privity
    • Some history
    • Practical examples
    • The 1999 rules
    • Drafting issues and traps
  • Welded Boiler-plate
    • Part 1: Interpretation
    • Part 2: Notice and Communications
    • Part 3: Waiver
    • Part 4: Invalidity and severance
    • Part 6: Force majeure
  • Payments and interest
    • Payment clauses
    • Purpose
    • Goods default
    • Clauses
  • Interest clauses
    • A clause: charging interest for late payment
    • Penalties and rates of interest
    • Force majeure and payments
    • Importance of waiving rights - or not
  • Confidentiality clauses
    • Confidentiality agreements -v- confidentiality clauses in agreements
    • When is confidentiality needed?
    • Doing without confidentiality clauses (background law)
    • A confidentiality agreement: the practice
    • A definition: What is confidential?
    • Clause outline
    • Sample clauses
    • Traps
  • Term and termination
  • Entire agreement clauses
  • Governing law, jurisdiction and dispute resolution clauses
  • Miscellaneous boilerplate
    • Announcements
    • Counterparts
    • Partnerships
    • Government contracts
    • Non-solicitation
    • Further assurances
    • Equitable relief
    • Signatures

For more information about this training visit https://www.researchandmarkets.com/r/1oqkfx


 

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