International Commercial Contracts: Drafting and Negotiation (ICC)

Introduction

This customized training seminar on drafting and negotiating international commercial contracts (ICC) is designed to minimize risks, costs, and disputes within your organization. It equips your team to navigate complex international agreements with confidence and efficiency by focusing on the essential aspects of contract understanding, drafting, and negotiation.

Participants will learn how accurate and clear contract drafting can reduce potential performance issues within organizations. The course also covers how to monitor contract performance and effectively handle failures. Additionally, it provides valuable dispute resolution tools aimed at minimizing financial and reputational risks for your company.

Expert negotiators can significantly mitigate risks, increase profit margins, and establish long-lasting, mutually beneficial relationships. This ICC training program offers practical strategies to improve your negotiation skills, enabling you to achieve more favorable contract terms and manage any disputes that may arise.

Objectives

By the end of this drafting and negotiating international commercial contracts (ICC) training program, participants will be able to:

• Choose the most appropriate contracting strategy.
• Identify and manage crucial contractual risks effectively.
• Avoid common drafting pitfalls.
• Utilize various methods to handle performance failures.
• Successfully negotiate agreements, contracts, and dispute resolutions.
• Use contracts as effective risk management tools.
• Differentiate between various contracting strategies.
• Implement effective methods for addressing performance issues.
• Apply strategies, tools, and techniques for successful negotiation.
• Confidently manage claims and resolve disputes.

Training Methodology

• Interactive lectures based on key concepts and strategies.
• Group discussions to share experiences and insights.
• Case studies for real-world application.
• Role-play simulations of contract negotiations.
• Scenario-based problem-solving activities.
• Analysis of sample contracts and clauses.
• Interactive Q&A sessions with industry experts.
• Hands-on workshops for drafting and revising contracts.
• Ongoing feedback and personalized mentorship.

Course Outline

Unit 1: Function, Formation, and Validity of Contracts

• Key principles
• Choosing the best strategy
• Document drafting formats and styles
• Words and language
• Common drafting mistakes
• Application of international agreement forms

Unit 2: Main Contract Clauses

• Delivery, performance, and acceptance
• Title and risk
• Programming and completion
• Variations and changes
• Sale prices and payment terms
• Security rights and withholding rights

Unit 3: Other Key Clauses

• Force majeure cases
• Intellectual property rights in agreements
• Indemnities and insurance coverage
• Bonds, guarantees, and warranties in business deals
• Remedies for breach of contract
• Liability caps and damage limitations

Unit 4: The Role of Negotiation

• Definition and importance of negotiation
• Traits of skilled negotiators
• Negotiation strategies
• Essential stages of negotiation
• Tools and techniques for successful negotiation
• Practical negotiation exercises

Unit 5: Dispute Management

• Choice of law, forum, and jurisdiction
• Managing contractual disputes
• Alternative dispute resolution methods
• Litigation vs. arbitration
• Enforcement measures