Introduction

In today’s highly competitive and cost-conscious environment, negotiating and drafting commercial contracts is an important part of business activity. Whether you are a business professional, entrepreneur, or legal practitioner, understanding commercial contracts is vital for successful business transactions.

However, it is imperative to understand the need to be attentive and careful while drafting such contracts to ensure there are no conflicts or disputes in the future. Even if there are some conflicts, there should be a resolution clause that directs how to proceed in such situations.

It is not unreasonable to envisage that continuously reviewing and assessing the commercial contracts will become crucial for the wellbeing of business performance and profitability. It will require legal professionals to be well versed with the drafting techniques, foresee the risk and have futuristic thinking to handle contracts in the best interest of their organization.

VCCircle Commercial Contracts & Dispute Resolution training program will explore the critical components of commercial contracts and the different dispute resolution mechanisms available for businesses. Armed with this knowledge, you can now approach business transactions more confidently, create robust contracts, and effectively navigate disputes when they arise. Remember, a well-structured contract and a thoughtful dispute resolution strategy can make all the difference in building successful and sustainable business relationships. 

Why should you attend?

  • Explore the basics of drafting commercial contracts, advanced contracts, language, formatting techniques & evaluate the top mistakes made 
  • To understand the nitty gritty of carefully reviewing commercial contracts to boost your business performance and profitability
  • Learn & master influencing negotiation techniques
  • Have thorough understanding of contract interpretation, arbitration and conciliation laws
  • Develop skills to foresee risk & mitigation to avoid contractual pitfalls 
  • Learn strategic dispute resolution methods, drafting techniques, acceptance and implementation of arbitration etc
  •  Practice exercises: Examples of Clauses & its implication with drafting exercises

Who should attend?

  • Head of Legal
  • General/Chief Counsel
  • Senior Counsel, Regional Counsel, Corporate Legal Counsel
  • CFOs, Company Secretaries, Senior Consultants
  • Head-Contract Administration & Management, Contract Professionals
  • Legal Managers, Strategic Solutions Managers
  • Corporate Legal Advisors & Consultants

Agenda

10:00 AM onwards
  • 10:00 AM – Onwards

    Welcome Address

  • 10:00 AM – 11:00 AM

    Key Fundamentals: Drafting effective commercial contracts

    • Introduction to good drafting 
    • Key Ingredients of valid contract: The contract law fundamentals and elements 
    • Common drafting mistakes to be always avoided 
    • Term sheets, MOUs and LOIs 
    • Overview of typical commercial contracts and their key provisions including the following: Representations and Warranties / Indemnities / conditions and covenants etc./ consequences of breach

    Trainer: Karan Kalra, Founder, Bombay Law Chambers

  • 11:00 AM – 12:00 PM

    A Hands-on-Guide to master Negotiation Strategies for Commercial Contracts

    • Contract negotiation styles: Key tactics and strategies
    • Determining the rights of parties and the obligations of parties
    • Dealing with common problems in negotiations
    • Basics of Structuring Foreign Collaborations and Joint Ventures
    • Understanding the elements effecting negotiation process – Culture, Language & Legal System
    • Negotiation Role-play session
    • Practice negotiation styles you aren’t strong in
    • Principles of contract act and sale of goods act

    Trainer: Ekta Bahl, Partner, Samvad Partners

  • 12:00 PM – 1:00 PM

    Ensuring Legal Compliance and Risk Mitigation

    • Legal Considerations and Best Practices
    • Avoiding illegal and unenforceable contracts
    • Adhering to regulatory requirements and industry standards
    • Protecting sensitive information through non-disclosure agreements (NDAs)
    • Risk Assessment and Mitigation
    • Identifying potential risks in commercial contracts
    • Allocating risks and liabilities between parties
    • Insurance and indemnification provisions

    Trainers: Aarushi Jain, Partner, Cyril Amarchand Mangaldas & Pooja Kapadia, Principal associate, Cyril Amarchand Mangaldas

  • 1:00 PM – Onwards

    Day 1 closes

DAY 2
9:30 AM onwards
  • 9:30 AM – 10:30 AM

    Dispute Resolution and Arbitration: Clauses & Mechanism

    • The impact of unresolved disputes on businesses
    • Advantages of resolving disputes efficiently
    • Understanding arbitration as an alternative to litigation
    • Different types of arbitration (ad hoc vs. institutional)
    • Arbitration procedure and enforcement of arbitral awards
    • A Comparative Analysis: Mediation, Arbitration and Litigation
    • Hybrid Approaches: Combining mediation and arbitration

    Trainer: Shweta Sahu, Leader, International Dispute Resolution and Investigations practice, Nishith Desai Associates

  • 10:30 AM – 11:30 AM

    Best Practices for Commercial Dispute Resolution

    • Selecting the Right Dispute Resolution Method
    • Factors to consider when choosing a method
    • Tailoring dispute resolution clauses to specific contracts
    • Managing Disputes Effectively
    • Enforcing and Implementing Dispute Resolution Outcomes
    • Case Studies and Real-Life Examples

    Trainer: Dr. Abhimanyu Chopra, Partner - Dispute Resolution, AZB & Partners

  • 11:30 AM – 12:30 PM

    Limitations of International Arbitration, Strategy, Tactics and Enforcement

    • Limitations of International Arbitration
    • Costs of arbitration
    • Limited power of the arbitrators
    • The difficulty of bringing three or more parties before the same arbitral tribunal
    • Delay due to the difficulty of communication and language and inconsistency
    • Fees and expenses of arbitrators
    • Substantial expenses depending on the weight of the dispute in question
    • Litigation and arbitration: Strategy, tactics, and enforcement
    • Enforcement proceedings

    Trainer: Shuchita Choudhry, Senior Associate, Trilegal

  • 12:30 PM – 1:30 PM

    Contract Modification, Amendment, Or Termination

    • Modification or termination of contract by mutual consent. 
    • Modify an existing contract with a contract amendment  
    • Types of modifications 
    • Difference between termination of contracts and cancellation of contracts 
    • Consequences of contract termination 
    • Frustration of contract 
    • How to draft obligations and payment clauses in any contract  
    • Term, termination, renewal and survival clauses  
    • Confidentiality, non-compete, non-solicit and exclusivity clauses

    Trainer: Debarpan Ghosh, Partner, Saraf and Partners

  • 1:30 PM – Onwards

    Training closes

DAY 1

Experts

Image

Aarushi Jain

Partner, Cyril Amarchand Mangaldas
Image

Dr. Abhimanyu Chopra

Partner - Dispute Resolution, AZB & Partners
Image

Ekta Bahl

Partner, Samvad Partners
Image

Karan Kalra

Founder, Bombay Law Chambers
Image

Pooja Kapadia

Principal associate, Cyril Amarchand Mangaldas
Image

Shweta Sahu

Leader, International Dispute Resolution and Investigations practice, Nishith Desai Associates
Image

Shuchita Choudhry

Senior Associate, Trilegal
Image

Debarpan Ghosh

Partner, Saraf and Partners

Want to be part of it?

VCC Events opens up the avenues for participation. Join hands to be a part of India’s largest gathering of alternative investments leaders, industry stakeholders and Asia’s influential limited partners, general partners and marquee advisors. Your chance to actively participate and augment yourself as thought leaders.


Do you have any queries?

Drop us a line and we will call you.