Course description
Legal English: Drafting, Contracts & Advanced Negotiation
This full, intense and interactive 4 day Legal English, Drafting, Contracts and Advanced Negotiation Skills Masterclass course is designed to identify theforming of enforceable contracts, common drafting errors, improve and practice writing and drafting skills, practice and master 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.
Upcoming start dates
1 start date available
Who should attend?
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
Training content
Day 1
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
Day 2
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 epenses
- 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
Day 3
Introduction – Negotiation Essentials
- What is Negotiation?
- Framework for Negotiation
- Simulation
- Negotiation Objectives
- Creating Value
- Maximising Value
- Claiming Value
- Examples of Value
Negotiation Strategy
- BATNA
- Reservation price
- ZOPA
- Diagnostic – Know Your Dominant Negotiating Style – And Recognise 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 PositionsPreparation – Developing a Scoring System
- Bargaining and Haggling
- Offers and Anchors
Day 4
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 / Credits
- Learn how to avoid common drafting pitfalls
- Understand the structure and terms that are common to contracts in English
- Learn advanced negotiation skills (for commercial matters and dispute resolution) in English and develop an effective communication and negotiation style
- Strengthen your knowledge of complex contractual terms including indemnities, warranties and exclusion clauses, force majeure clauses in an ever changing global scenario
- Highlight selected key comparative differences between Common Law with comparisons to Civil Law jurisdictions
- Consider the distinction between direct, indirect and a consequential damages
- Courts attitude and interpretation of exclusion clauses
- Refresh your knowledge of the law surrounding breach, termination and liquidated damages, enabling you to draft tighter provisions and ensure greater protection for your stakeholders
- Share the knowledge and experience of peers from different countries and sectors
Why choose Euromoney Learning?
4.6/5 rating on course check for service
60,000 professionals trained across public courses
80+ countries where training is delivered
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Euromoney Learning
At Euromoney Learning, we understand that learning doesn’t start and end when you leave the classroom. We know that the financial markets never stand still, and that technology has both simplified and added complexity at a break-neck pace. That’s why...
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The course was held for 4 days and there was never a moment that was dull or uninformative. The speaker was very engaging and attentive of each participant's issues with the top...