International Commercial Contracts: Drafting and Negotiation

Introduction:

This highly interactive international commercial contracts drafting and negotiation in-depth training workshop is designed to help your organization minimize risks, prevent disputes, and manage costs through a thorough understanding of critical areas in contract drafting and negotiation.

The course emphasizes the importance of precision and effectiveness in contract development to enhance institutional efficiency. It also covers supervising and managing performance failures and provides practical strategies, techniques, and tips for resolving conflicts to mitigate costs and risks.

Effective negotiation skills are crucial for reducing negative outcomes, improving organizational returns, and fostering long-term cooperative relationships. This training seminar offers practical advice, key tips, and strategies to help you negotiate better contracts and resolve disputes effectively.

Develop your skills in contract understanding, drafting, and negotiation with this comprehensive course, which will enable you to draft and negotiate international commercial contracts with confidence.

Objectives:

At the end of this course on contract drafting and negotiation, participants will be able to:

• Select the best-suited contracting approach.
• Identify key risks in contracts and implement measures to mitigate them.
• Recognize and avoid drafting pitfalls.
• Outline various methods for addressing performance deficiencies.
• Successfully complete agreements, contracts, and dispute resolutions.
• Understand how risk can be managed through contracts.
• Identify and apply diverse contracting strategies.
• Manage performance failures effectively.
• Apply negotiation techniques with appropriate tools.
• Assess costs and manage dispute resolution.

Training Methodology:

• Interactive lectures
• Case studies
• Group discussions
• Drafting exercises
• Role-playing scenarios
• Simulation of negotiations
• Review and feedback sessions

Course Outline:

Unit 1: Function, Formation, and Validity of Contracts

• Key principles
• Choosing the right strategy
• Structure, format, and incorporation of documents
• Language, wording, and imagery
• Avoiding poor drafting
• Use of international standard forms

Unit 2: Main Contract Clauses

• Delivery, performance, and acceptance
• Title and risk
• Programming and completion
• Changes and variations
• Price and payment terms
• Security and withholding rights

Unit 3: Other Key Clauses

• Force majeure
• Intellectual property rights
• Indemnities and insurance
• Bonds, guarantees, and warranties
• Remedies and rights
• Damages, limitations, and exclusions of liability

Unit 4: The Role of Negotiation in Contract Drafting and Negotiation Training

• What is negotiation and why use it?
• Characteristics of a good negotiator
• Negotiation tactics
• Negotiation processes and general characteristics
• Methods and instruments
• Real-world negotiation examples and cases

Unit 5: Dispute Resolution Strategy

• Classical issues: Which law, forum, and tribunal?
• Alternative dispute resolution approaches: Contract clauses
• Bargaining to avoid litigation
• Litigation vs. mediation
• Management of theoretical procedures

Conclusion:

Negotiation is a fundamental aspect of contract drafting and negotiation. This international business contract drafting and negotiation training course explores negotiation processes, characteristics of effective negotiators, and practical strategies. Participants will gain a deeper understanding of theoretical approaches and practical skills for successful contract drafting and negotiation.