Structuring, Managing and Negotiating Commercial Contracts in Middle East West

Course details

Are you facing numerous challenges when structuring and managing your contracts? Without a sound understanding on how to structure a valid commercial contract, entire contracts can be rendered unenforceable and your organization may face a high risk of costly losses and long-drawn disputes. To safeguard your organization from poor performance of contracts and costly litigation processes, Clariden is pleased to host the Structuring, Managing and Negotiating Commercial Contracts in Middle East program.

Specially tailored to help non-legal professionals like yourself deal with the complexities involved when structuring and managing your commercial contracts, this program will provide you with valuable insights on the contract preparation cycle. You will acquire comprehensive understanding on how to structure, negotiate and manage contracts in Middle East. You will discover how to draft your contract’ terms and clauses, negotiate payments and price as well as define performance specifications and contract KPIs to ensureperformance guarantees. You will also learn how to manage contract obligations, termination and how to resolve claims and disputes when they arise. Moreover, you will also acquire essential negotiation techniques and dispute settlement strategies when dealing with your contractual partners to earn the best deal for your organization.

Led by Malcolm Dowden and Michael Twomey, leading authorities in commercial contracts, you will effectively comprehend the complication of technical terms, legal jargons and misleading clauses through real-life case studies and hands-on exercises based on their experience. You will leave the program with the ability to confirm and enforce contracts without having to constantly seek a lawyer's advice, allowing your organization to focus time and resources on business goals.

What You Can Expect

• Minimize your organization's risks of encountering contract breaches and legal disputes with clear definitions of contract scope, payment and performance clauses
• Understand how claims and counter claims arise and what your organization can do to mitigate the risks arising from these claims
• Be proficient in identifying and mitigating your contractual risks and liabilities in order to safeguard your organization's business interests
• Grasp the consequences and the remedies involved when terminating contracts
• Master crucial strategies and best practices when negotiating commercial contracts in Middle East through legal cases
• Pick up essential techniques when resolving disputes surrounding commercial contracts and effective negotiation skills to enhance your bargaining position vis-à-vis your contractual partner

Who Will Benefit Most

This course is specially designed for Contract Managers/Executives, Commercial Managers/Executives, Sales and Marketing Managers, Claim Managers, Purchasing Managers/Executives, Project Managers/Engineers/Financiers, Buyers, Procurement, Business Development Managers, Supply Managers, Trade and Export Finance Managers, Corporate Directors and Corporate/In-House Legal Counsels.

Program Outline

Day 1: Overview, Commercial Goals, Pre-Contract Liability and Structure

• Identifying and managing contractual risk
• Overview of the contract management process
• Pre-contract statements, acts and omissions by you and others
• The pre-contract documentation
• Entering into legally-binding agreements
• Structuring the contract
• Execution/signing of contracts

Day Two: Identifying, Negotiating and Drafting the Key Terms

• Scope, goals and responsibilities of the parties
• Representations, warranties and covenants
• Indemnities
• Payment/Price/Price variations
• Change management
• Limitation and exclusion of liability
• Duration and Termination and force majeure
• Dispute resolution
• Remedies for breach