Advanced Contract Drafting

Negotiations and Dispute Management

Advanced Contract Drafting Training in Dubai: We have developed an intensive practical program which focuses on the key drafting skills needed to create transparent and direct contracts that deliver on a legal and commercial level. The training will equip you with the skills necessary to effectively manage contractual pitfalls.

Key benefits from attending the workshop:

Learn how to effectively draft and use contracts minimizing risk to the company
Ensuring effective allocation of risks using Representation and Warranty Clauses.
Mastering best practices when drafting Memorandum of Understanding(MOU), Letter of Intent (LOI) and Non-Disclosure Agreement (NDA)
Reviewing the miscellaneous clauses in contracts that are often neglected
Overcoming ambiguity in contracts and combating major source of confusion and disputes
Drafting Boilerplate clauses to minimize risks and protect your company’s rights
Capitalizing on the importance of risk transferring clauses to avoid negligence
Exploring the Endgame Provisions to identify the effects and ways to deal with termination clauses
Understanding Negotiation Process
Understand how to deal with Disputes and effectively deal with dispute Resolution Process
Use the correct language – in Contractual Correspondence

Basic Framework

Understanding the basic framework of contract drafting- converting a term sheet into a contract

Rules of Interpretation in Contracts:

How contracts are interpreted and the sources of uncertainty in contracts
Dealing with ambiguity in contracts: Exploring the hidden risks and dangers
Exploring the importance of priority documents

Key contractual issues

Drafting and Exploring Key Contractual Clause which Deal with Allocation of Risk

Liquidated damages / penalty / consequential damages
Force majeure
Limitation of liability clause
IPR: Ownership rights in contract
Performance guarantee
Subrogation / waiver of subrogation
Indemnity
Assignment / delegation clause
Cumulative remedies
Transaction cost
Third party liability
Consequential loss
Negligence / gross negligence
Breach/Material Breach
Termination

Drafting Techniques using Proper Contract Language most commonly used in contracts:

Reasonableness
Consent not to be unreasonably withheld
To the best of its knowledge
Substantially in the form of
To the extent permitted by law
Notwithstanding to the contrary
Including without limitation
From time to time
As the case may be
Incorporated by reference
For the avoidance of doubt
Without Limiting the Generality of the Foregoing

Contractual Correspondence

Learn Contractual Correspondence – protecting the interest of the Company
Model Words /Sentences

Miscellaneous important clauses in contract

Waiver
Entire Agreement
Severance
Amendments
Variations
Notices

Handling Complex Challenges and Risks in Contracts

Memorandum of understanding (MOU)
Letter of Intent (LOI)
Confidentiality Agreement and Non-Disclosure Agreement (NDA)
Drafting MOU, LOI and NDA using international best practices to be followed

Alternative Dispute Resolution: Finding the Right Way Out

Conflict in contracts: Addressing the right mechanism in contract before the issues becomes a dispute
Exploring the importance Legal Project Management
To litigate or arbitrate: Which should you put as your prior decision?
Best strategies in drafting an enforceable Arbitration clauses

– Ad hoc or non- institutional Arbitration

– Domestic and International Arbitration

– Intervention of the Court in Arbitration