DRAFTING AND NEGOTIATION OF

Transcription

1 EACH PARTICIPANT WILL GET A COPY OF THIS BOOK Organiser Knowledge Partner DRAFTING AND NEGOTIATION OF Digital Marketing Partner 2019 Publishing Partner New Delhi 23 Chennai Bengaluru w w w. a c h r o m i c p o i n t. c o m

2 ABOUT THE EVENT In today's highly competitive and cost-conscious environment, negotiating and drafting commercial contracts is an important part of business activity and needs continual updating and enhancing. It requires legal professionals to be well versed with the drafting techniques and expertise to foresee the risk and have futuristic thinking to handle contracts in the best interest of their organization. Achromic Point's upcoming Instructor-led workshop "Drafting and Negotiation of Commercial Contracts 2019" offers a unique opportunity to keep up to date with current developments in the law and practice from looking at recent case law on implied terms and the circumstances in which a court would enforce an express duty of good faith, through to an examination of speci c terms such as those relating to assignment, transfer and third party rights. This training will also equip you with the skills necessary to effectively manage contractual pitfalls and implement dispute management. Avoid common contractual pitfall BENEFITS OF ATTENDING Mastering innovative negotiation skills Drafting effective Dispute Resolution & Arbitration clauses Define performance terms to guarantee effective delivery and minimize costs Practical insights into advanced contract drafting Administer commercial contracts to boost your performance and profitability Understand the new trends of procurement fraud and other risks and how best to mitigate them Drafting effective Dispute Resolution & Arbitration clauses WHO SHOULD ATTEND COMPANY SECRETARY PROCUREMENT/PURCHASE DEPARTMENT ADVOCATES & ATTORNEYS IN-HOUSE COUNSEL MANAGING DIRECTOR COST ACCOUNTANTS CEOS COMPLIANCE OFFICER CORPORATE LAWYERS HEAD LEGAL / GENERAL COUNSEL CHARTERED ACCOUNTANTS DIRECTORS/CFOS BUSINESS DEVELOPMENT CONTRACT MANAGERS

3 AGENDA Constituents of a Contract Ÿ Difference between letter of Intent, an Agreement and a contract Ÿ Converting MoU, Letter of Intent into a formal Contract Ÿ Force Majeure Ÿ Case Study Ÿ Damages Ÿ Rights of Indemnity Holder (Sec. 125) Ÿ Indemnity v. Damages Ÿ Liquidated Damages & Penalty Ÿ Warranty Ÿ Limitation of Liability Ÿ Procurement Contract Ÿ Governing Laws Ÿ Important points for enforcement and form requirements Hands-on Workshop on Negotiation and Drafting Ÿ Understanding the needs of negotiating parties Ÿ Planning and Conducting Negotiation Ÿ Determining the rights of parties Ÿ Determining the obligation of parties Ÿ Drafting a Contract Ÿ Domestic Contracts Ÿ International Contracts Ÿ Analyzing the key elements in cross border agreement Ÿ Dispute Resolution & Jurisdiction Issues in International Contracts Ÿ Case Study Arbitration and Dispute Resolution Ÿ Ÿ Ÿ What is Arbitration Repositioning India for Arbitration Ÿ Key Issues, Challenges and Way forward Dispute Resolution Ÿ Understanding & identifying dispute prone areas Ÿ Possible consequences and the medium of dispute resolution mechanisms Ÿ Remedies for disputes emerging from contracts

4 New Delhi SATWINDER SINGH Partner, Vaish Associates Advocates He is currently the member of the Central Council of the Institute of Company Secretaries of India (ICSI) for the term and is a member of various committees of various chambers of commerce. He was the Past Chairman of Northern Indian Regional Council (NIRC) of ICSI. During his term, NIRC of ICSI was adjudged as best regional council of ICSI. He is actively involved in various professional and industry associations. KAVITA JHA Partner, Vaish Associates Advocates Kavita Jha is with VA, Delhi since 2003 when she moved her practice from the High Court of Calcutta to the High Court of Delhi. She has also been an Advocate-on- Record in the Supreme Court of India since June, 2007 and specializes in tax litigation: income tax, VAT and sales tax as well as criminal law and arbitration. She has been an empanelled Advocate before the Supreme Court for the Union of India, the State of Maharashtra and other government agencies, in which capacity she has handled a multitude of civil and criminal matters.

5 New Delhi NPS CHAWLA Associate Partner, Vaish Associates Advocates Mr. NPS Chawlais a Principal Associate with the Corporate Team of Vaish Associates Advocates, Delhi. He has been associated with the Firm since July, 2008 and has an overall experience of 10 years. Apart from holding a law degree, he is also a fellow member of the Institute of Company Secretaries of India ( ICSI ) and holds masters degree in law and master degree in management as well. He is also an elected member of the Northern India Regional Council (NIRC) of the ICSI and was also elected as the Chairman, NIRC-ICSI in the year KAUSTUBH PRAKASH Associate, Vaish Associates Advocates Kaustubh Prakash is an Associate in the litigation team of Vaish Associates Advocates. He has been practicing before the Supreme Court, Delhi High Court, District & Sessions Courts in Delhi and NCLT/AT in matters involving insolvency and bankruptcy law, contract and commercial laws, criminal law including money laundering and economic offences, service law, environment law, mining law and consumer law. He has appeared and argued matters before Patiala House Court, Saket District Court, NCDRC, NGT and Arbitral Tribunals including DIAC and Sole Arbitrators in Delhi.

6 Bengaluru GAURAV VARMA Principal Associate, Vaish Associates Advocates Mr. Gaurav Varma is a Principal Associate with the dispute resolution practice team at Delhi Office of Vaish Associates. He has experience of 9 years in the field of civil, corporate and criminal litigation and arbitrations (domestic and international). He represents clients on regular basis before Supreme Court of India, different High Courts, Trial Courts, Debt Recovery Tribunals, National Company Law Tribunal, Securities Appellate Tribunal and Arbitral Tribunals. AVIK KARMAKAR Co-Head Private Equit, Vaish Associates Advocates Avik Karmakar has about sixteen years of experience on advisory and transactional aspects of Private Equity, Venture Capital funding, Mergers and Acquisitions and Joint Ventures. As a transactions lawyer, he has led numerous deals and has advised clients extensively on structuring, due diligence and documentation support such as drafting, reviewing and negotiation of transaction documents and closing and post-closing actions.

7 Chennai SUJOY C. DATTA Senior Associate, Vaish Associates Advocates Mr. Sujoy Datta is a Senior Associate with the litigation team, arbitration and dispute resolution practice of Vaish Associates Advocates, Delhi. He has an experience of 4.5 years in civil and commercial litigation. He has been involved in practice before various for a including the Supreme Court, Delhi High Court, various District Courts in Delhi and tribunals including the Company Law Board, Debts Recovery Tribunal, National Green Tribunal and Consumer Forums on a variety of matters including Maharashtra in a variety of matters including contractual and commercial disputes, environmental law litigations, intellectual property disputes, arbitration proceedings, consumer disputes, criminal proceedings, banking disputes, real estate disputes. SIDDHARTH DANG Principal Associate, Vaish Associates Advocates Siddharth is a principal associate with the corporate team of Vaish Associates. He has been associated with the Firm since June, Primarily a corporate transactional lawyer, he specializes in documenting and negotiating commercial transactions, more particularly those relating to mergers and acquisitions, joint ventures, inbound foreign investments, private equity investments and divestment of business and business assets. He also has substantial experience in advising clients on renewable energy projects and other infrastructure transactions.

8 REGISTRATION Please complete in BLOCK CAPITALS as information is used to produce delegate badge. Please photocopy for multiple bookings. ENROLL 8995 W a y s to Regis marketing@achromicpoint.com t e r Delegate Details Title Surname First Name +G ST Group Discounts nupur.verma@achromicpoint.com Standard terms and conditions Telephone Job Title Organization Address Postcode Country I agree to APC s payment term. If you have not received an acknowledgment before the conference, please call us to confirm your booking. Payment Method Payment must be received prior the even Please refer to the following payment options:- By Cheque/By Demand Draft- All cheques/demand drafts should be crossed, marked 'A/C Payee only' and made payable to 'Achromic Point Consulting Pvt Ltd' with the title of the programme (s) indicated clearly on the back of the cheque/demand draft. F-11, First Floor, Kalkaji, New Delhi , India. By Electronic Transfer- Please make payment to Achromic Point Consulting Pvt Ltd Bank: Axis Bank Branch: Kalkaji, New Delhi Account No: MICR Code No: IFSC Code: UTIB Swifts Code: AXISINBBA45 Cancellation and Refund Policy You must notify us by at least 48 hours in advance if you wish to send a substitute participant. Delegates may not share a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify Achromic Point Consulting (APC) in writing up to 10 days prior to the conference date and a credit voucher valid for 1 year will be issued to you for the full amount paid, redeemable against any other APC conference. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. APC reserves the right to cancel any conference it deems necessary and will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by APC for changes in program date, content, speakers, or venue. Terms & Conditions Achromic point holds all the rights to circulate and distribute the information discussed, shared and presented at the seminar. Payment Gateway Beneficiary Name: Achromic Point Consulting Pvt Ltd *Please the remittance advice to contactus@achromicpoint.com or contact us at All bank charges are to be borne by the sender.

9 About Us Achromic Point Consulting is an international consulting firm with a strong presence in India, specializing in organizing business seminars, conferences, workshops, summits and In house trainings in areas of Compliance, Risk, Accounts, Finance and Tax (CRAFT). Our foundation stone is laid on the fundamentals of an ethical, profitable and sustainable growth through a partnering approach. Mission 1 We are ardent about education and advancement. Vision 2 Our envision helps the growth seeking enterprises in attaining ethical, sustainable and profitable growth. and Values 3 Trust, Respect and Innovation is what holds us