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Executive Education
Clariden Leadership Institute
Drafting Key Contracts and Reviewing Critical Terms and Conditions for Non-Lawyers (UAE)
Michael Twomey
Legal Training Programs (Corporate and Commercial), Law2020
Michael Twomey, Legal Training Programs (Corporate and Commercial), Law2020
  • Leading course designer and presenter with nearly 25 years’ experience in Contract Law, International Commercial Agreements, Joint Ventures and Acquisitions
  • Delivered more than 2,000 training sessions in the UK and internationally and conducted over 40 seminars and workshops in the UAE since 2007 to CEOs, finance directors, contract managers, consultants and engineers in the GCC as well as to lawyers and other legal professionals in the region
  • Clients include national and international companies such as Qatar Financial Centre, Siemens AG, Dubai Health Care City, Dubai International Airport, ENOC LCC and Government departments such as UAE Ministry of Defence and UK Government Department for Business, Innovation and Skills and many more
  • Lead designer for the International Lawyers Training Program of the Law Society of England and Wales
  • Worked at prominent universities including the Oxford Institute of Legal Practice and the University of Law, London

Widely recognized as a leading course designer and presenter, Michael has nearly 25 years’ experience in legal education and training in Contract Law, International Commercial Agreements, Joint Ventures and Acquisitions.

Michael has delivered more than 2,000 training sessions in the UK and internationally and conducted over 40 seminars and workshops in the UAE since 2007 to CEOs, finance directors, contract managers, consultants and engineers in the GCC as well as to lawyers and other legal professionals in the region with respect to Contract Law, International Commercial Agreements, Joint Ventures and Acquisitions.

Some of his clients include national and international companies such as Qatar Financial Centre, Siemens AG, Dubai Health Care City, Dubai International Airport, ENOC LCC and Government departments such as UAE Ministry of Defence and UK Government Department for Business, Innovation and Skills and many more.

He is also the lead designer for the International Lawyers Training Program of the Law Society of England and Wales and has worked at prominent universities including the Oxford Institute of Legal Practice and the University of Law, London.

Program Summary

According to a 2015 research done by the International Association for Contract and Commercial Management, the top three most negotiated contract terms are limitations of liability, indemnification, and pricing. However, many non-legal professionals lack the skills to draft these clauses accurately and concisely, therefore opening their firm to great legal risks.

 

 

This 2-day executive program is designed to provide a comprehensive overview of  contract preparation cycle and a platform to hone you into a more effective negotiator. Combining theory with practice, you will learn the important elements of a contract and will be able to determine the specific conditions applicable to your contract and your negotiating position. Our faculty director will share real life practices to show you how to interpret a contract that you may not have designed to successfully negotiate the terms and conditions to match your business outcomes. You will also learn how to modify and create clauses that are clear to prepare your contracts more effectively. Lastly, you will learn how to enhance your negotiating position vis- à -vis your contractual partner by adopting tactics specially formulated to unnerve you when negotiating terms, conditions, extensions and performance outcomes.

 

Designed for non-legal professionals dealing with the preparation and negotiation of contracts, this program will discuss case studies drawn from actual legal cases to maximize your learning experience. Led by Michael Twomey, widely recognized as leading contract lawyer with over 25 years of immaculate track record, he will impart techniques to build and manage your organization’s bargaining power. Even without prior legal knowledge, you will leave this course with the confidence and expertise to deal with contractual situations effectively.



Programs, dates and locations are subject to change. In accordance with Clariden Global policy, we do not discriminate against any person on the basis of race, color, sex, religion, age, national or disability in admission to our programs.

Introduction

Contracting requires a highly skilled and professional approach as it is becoming increasingly complex and demanding.  Today, contracts affect all industries and every type of commercial agreement from employment, bankruptcy, and intellectual property rights to the purchase and sale of securities. Therefore, it is important for parties involved in contracting to have a good grasp of the essential principles on how contracts are formed and negotiated so that companies can meet their business objectives. To achieve this, the terms and conditions stated in the contract must match business outcomes and a robust and well-designed contractual process must be put in place. 

 

This 2-day executive program is designed to provide a comprehensive overview of contract preparation cycle and a platform to hone you into a more effective negotiator. Combining theory with practice, you will learn the important elements of a contract and will be able to determine the specific conditions applicable to your contract and your negotiating position. Our faculty director will share real life practices to show you how to interpret a contract that you may not have designed to successfully negotiate the terms and conditions to match your business outcomes. You will also learn how to modify and create clauses that are clear to prepare your contracts more effectively. Lastly, you will learn how to enhance your negotiating position vis- à -vis your contractual partner by adopting tactics specially formulated to unnerve you when negotiating terms, conditions, extensions and performance outcomes.

 

Designed for non-legal professionals dealing with the preparation and negotiation of contracts, this program will discuss case studies drawn from actual legal cases to maximize your learning experience. Led by Michael Twomey, widely recognized as leading contract lawyer with over 25 years of immaculate track record, he will impart techniques to build and manage your organization’s bargaining power. Even without prior legal knowledge, you will leave this course with the confidence and expertise to deal with contractual situations effectively.

What You Can Expect

This intensive two-day executive program, is a platform to hone you into a more effective negotiator. The skills that you will be able to pick up are:
  • Understand the fundamentals of contract formation and the important elements of a contract
  • In-depth analysis of issues behind major contract clauses 
  • Master practical drafting techniques to write concise and effective agreements
  • Develop tactics and skills to build and manage your bargaining power
  • Understand and develop your personal negotiating style and skills
  • Learn how to effectively manage contracts and negotiate terms and conditions that match your business outcomes
  • Increase your understanding of how and why disputes arises 
  • Explain how to differentiate mechanisms to resolve disputes
  • Manage contracts and contracts from pre-contract through to the post-contract stage in accordance to best practices

Who Will Benefit Most

This executive program is designed for all executives involved/engaged in preparing, drafting and negotiating contract terms and conditions or evaluating contracts. This would include Contract Managers/Advisors/Officers, Commercial Managers/Executives, Sales and Marketing Managers, Claims Managers, Project Managers, Buyers, Business Development Managers, Procurement and Supply Chain Managers, Operations Personnel and In-House Legal Counsels.

Program Outline

09:00 – 17:00 / 7 October 2018

DAY 1

 

Contract Interpretation And Drafting And Reviewing Contracts

  • What are the principles of contract interpretation in common law and civil law jurisdictions?
  • How can we utilise the principles to draft clear and effective contracts?

Structuring And Planning The Contract And The Contract Process

  • Planning a structure for a clear and logical contract
  • Drafting errors when structuring the contract
  • Dealing with large, complex agreements

Common Drafting Errors

  • Common errors and how to avoid them

How To Draft And How To Review Clauses – It May Be Easier Than You Think

  • A process for drafting and reviewing clear, concise and comprehensive clauses

Practical And Effective Drafting Tips And Techniques

  • A toolkit of tips and techniques for drafting

Problematic Words And Phrases

  • "Reasonable endeavours" , "best endeavours", “material” breaches, “indirect and consequential losses”, “good faith”
  • Other commonly-litigated words and phrases

Imposing An Obligation Or Not?

  • How to impose an obligation clearly and comprehensively

Defined Terms

  • How to use the definitions clause effectively

 

 

09:00 – 17:00 / 8 October 2018

DAY 2

 

Identifying Critical Terms In A Commercial Agreement

  • What are the key terms and why?

Limiting Liability

  • How can you draft an effective limitation or exclusion clause?

Indemnities

  • What is an indemnity?
  • What should you do if required to provide an indemnity?

Warranties And Representations

  • What is a warranty?
  • What is a representation?
  • The importance of an effective entire agreement clause

Drafting The Scope And Goals

  • The need to define clearly the scope of the contract
  • Avoiding common problems by clear drafting

Negotiation And Drafting Change Management Provisions

  • Normal price variations in the contract
  • Drafting effective price variation provisions
  • Proposal, assessment, evaluation and agreement
  • Formal procedures

Payment Terms And Late Payment

  • Providing certain terms
  • Remedies for late payment

Delivery, Acceptance And Milestones

  • Defining delivery and acceptance
  • Negotiating and drafting remedies for late delivery and delays
  • Liquidated damages for delay

Contract Management Provisions

  • Clear and effective communication provisions
  • Clauses dealing with monitoring and reporting
  • The importance of notices – contents, time and delivery

Termination Provisions

  • Drafting clear and effective termination provisions
  • Termination for convenience and for cause

Remedies And Dispute Resolution

  • Alternative dispute resolution clauses
  • Liquidated damages and penalties
  • Provisions dealing with litigation, arbitration, mediation and expert determination
  • Force majeure clauses and the law

 

CFOs Leadership :
Experience Clariden
Discover how our leadership program has shaped the perspectives of CFOs across Asia
 
Venue: Bonnington Jumeirah Lakes Towers, Dubai
Date: 7 - 8 October 2019
Faculty: Michael Twomey
Early Bird 1: US$2,490 (by 12 August 2019)
Early Bird 2: US$2,690 (by 9 September 2019)
Regular Fee: US$2,790
Group Discount: 2nd participant get 10%, or register 3 participants and 4th participant get a complimentary seat
(1 discount scheme applies)
Contact: [email protected]
 
 
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