Course Details

Legal English: Drafting Contracts and Advanced Negotiation Training Course.

INTRODUCTION

In the world of business and law, the ability to negotiate effectively is crucial. Whether you’re handling high-stakes contracts or seeking advantageous terms in everyday deals, mastering negotiation skills can set you apart. Macskills Training & Development Institute contracts and advanced negotiation training course is designed to provide you with comprehensive knowledge and advanced techniques to excel in negotiations. This course explores the various facets of negotiation and how our training can benefit professionals seeking to enhance their skills.

A Drafting Contracts and Advanced Negotiation course plays a crucial role in developing skills for effectively creating legal agreements and managing negotiations in various professional contexts. This Advanced Negotiation course is particularly valuable for business professionals, lawyers, entrepreneurs, and managers who need to understand how to structure agreements, mitigate risks, and negotiate favorable terms.

This 10 day Legal English, Drafting, Contracts and Advanced Negotiation Skills course is designed to identify the forming of enforceable contracts, common drafting errors, improve and practice writing and drafting skills, practice and advanced negotiation skills in English. In addition, address current practice in key areas of English law as used in international commercial contracts. All led by an international specialist in the field by the methodology of applied accelerated learning.

COURSE OBJECTIVE

The Drafting Contracts and Advanced Negotiation course objectives are designed to equip participants with the practical skills and knowledge needed to draft effective legal agreements and negotiate successful deals. These objectives focus on legal understanding, negotiation strategy, risk management, and ethical practices. Here are the primary objectives of such a course:

• To provide a foundational understanding of the legal frameworks governing contracts, ensuring participants can draft agreements that are legally binding, enforceable, and compliant with applicable laws.
• To teach participants how to draft precise, unambiguous, and comprehensive contracts that clearly outline the rights, obligations, and expectations of all parties involved.
• To enable participants to identify potential risks in contracts and draft clauses that effectively allocate and mitigate risks, such as warranties, indemnities, and limitations of liability.
• To train participants on how to tailor contracts to suit specific business needs, industries, or situations, ensuring that agreements are relevant and effective for unique circumstances.
• To equip participants with advanced negotiation strategies and tactics, enabling them to negotiate favorable terms in a variety of situations, including high-stakes or complex negotiations.
• To emphasize negotiation approaches that seek mutually beneficial outcomes, fostering sustainable agreements and long-term business relationships.
• To instruct participants on how to incorporate dispute resolution clauses (e.g., arbitration, mediation) within contracts, ensuring a clear process for resolving conflicts without resorting to litigation.
• To prepare participants for the complexities of drafting and negotiating contracts in a global context, including managing cross-border legal issues, international trade laws, and jurisdictional differences.
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DURATION

10 days

WHO SHOULD ATTEND

• Heads of legal
• In-house counsel
• Contracts directors and managers
• Commercial directors and managers
• Senior business development executives
• Private practice lawyers
• Professional advisors

COURSE CONTENT

Contracts and Contract Drafting

• Introduction
• Structure of Course
• Expectations
• Contract of Group

Formation of Contract

• What is a contract?
• Making a binding and enforceable contract
• 6 components
• Offer
• Acceptance
• Consideration
• Deeds
• Limitation periods

Preliminary agreement forms

• Memorandum of understanding
• Letter of intent
• Heads of Agreement
• Term sheet
• Authority to proceed
• Scope of work
• Subject to contract

Confidentiality agreements – drafting workshop

• Purpose
• Types of information they protect
• Causes of breach
• What information cannot be disclosed
• Enforcement

Structure and format of agreements

• Parties
• Recitals
• Interpretation
• General terms
• Commercial terms
• Industry specific terms
• Intellectual property
• Third party rights
• Schedules
• Execution
• Tyranny of Standard Forms

Checklist and procedures for drafting - Workshop

• Standard terms and battle of the forms
• Style guides and best contract style
• Checklist for drafting agreement
• Contra Proferentum
• Parol evidence rule
• Prior negotiations rule
• Implied terms

Common terms and phrases

• “Best or reasonable endeavours”
• Joint and several
• “Time is of the Essence”
• Warranties
• Indemnities and limitation of liability clauses
• Termination clauses
• “Subject to contract”

Direct, indirect damages and consequential loss

• Types of damages
• Damages for breach of contract
• Back-to-back contracts
• Physical damages
• Costs and expenses
• Waste
• Loss of profit
• Consequential losses and expenses

Warranties, Representations, Guarantees & Indemnities - Workshop

• Definitions and identification
• Pointers to distinguish and negotiation
• Warranties
• Representations
• Guarantees
• Indemnities
• Entire agreement clauses
• Exclusions Limitations of Liability, Liquidated and Ascertained Damages and Penalties
• Liability for personal injury or death
• Liability for late delivery, performance or similar
• How to limit the maximum aggregate damages
• Examples of limitation of liability clauses
• Liquidated and Ascertained Damages
• Exclusions Limitations of Liability, Liquidated and Ascertained Damages and Penalties - Workshop

Introduction – Negotiation Essentials

• What is Negotiation?
• Framework for Negotiation
• Simulation
• Negotiation Objectives
• Creating Value
• Maximizing Value
• Claiming Value
• Examples of Value

Negotiation Strategy

• BATNA
• Reservation price
• ZOPA
• Diagnostic – Know Your Dominant Negotiating Style – And Recognize Others Style – Broadening and Adapting Your Style

Key Negotiation Behaviours

• Listening
• Asking Questions
• Body Language
• Direct and Indirect Communication
• Negotiating face to face, by phone and by email
• Power, Interests and Positions
• Preparation – Developing a Scoring System
• Bargaining and Haggling
• Offers and Anchors

Force Majeure, Frustration and Economic Hardship

• The concepts of Force Majeure and Economic Hardship
• Doctrine of Frustration
• Changing circumstances and unforeseen events
• Hardship clauses
• Defining the events
• Typical claims
• The termination period
• Re-execution/re-negotiating
• Drafting Workshop

Termination

• Reasonable notice
• ‘Triggers’ for termination
• Change of control
• Insolvency
• Surviving rights
• Duty of co-operation

Boilerplate – Sample Clauses and Pointers

• Agency/Partnership
• Assignment and sub-contracting
• Counterparts
• Entire agreement
• Insolvency and bankruptcy
• Communication notices
• Set off
• Severance clause
• Waiver

Exit strategies, Choice of Law, Jurisdiction and Dispute Resolution

• Legal basis
• Applicable law in the absence of choice
• Limits of choice of law
• Choice of arbitration; drafting of an arbitration clause; avoiding pathological clauses
• Alternative dispute resolution – conciliation, mediation and ADR
• Enforcement: The New York Convention and beyond

CERTIFICATION

Upon successful completion of this training, participants will be issued with an Macskills Training and Development Institute Certificate

TRAINING VENUE

Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

Airport pick up and accommodation is arranged upon request

TERMS OF PAYMENT

Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com