Course brochure - Falconbury

Five intensive days of technical skills development for
international lawyers and contracts professionals
International Commercial
Contracts School
29 September – 3 October 2013 • 9-13 March 2014
Dubai, UAE
Book before
15 July 2013
and SAVE $825/£500!
Negotiate and draft strong cross-border agreements to minimise exposure
to risk and liability
Key features of this intensive and highly
interactive training programme include:
• CHALLENGES impacting early phase offer, acceptance
and formation of contract to ensure clarity from the outset
• KEY ROLE of payment and performance obligations and
how to ensure they are upheld
• EXAMINING areas of potential risk to effectively protect
against them
• REVIEW of damages, remedies, exclusions and limitations
of liability to highlight areas of potential exposure
• BEST PRACTICE cross-border cultural negotiation
techniques to deliver winning outcomes for all parties
• TACTICS for mediation across borders to avoid
costly disputes
Full of practical drafting and negotiation
workshops with sample clauses to take away
‘Quite frankly it was really an exceptional environment
to evaluate my technical skills in terms of International
Commercial Contracts. I am very proud to be a
participant of this unique event.’
Mohammed M. Hazik Marikkar, Independent Petroleum Group
29
CPD
Hours
Solicitors Regulation Authority

International Commercial Contracts School
29 September – 3 October 2013 • 9-13 March 2014, Dubai, UAE
What is this contracts school about?
International business contract law is increasingly complex
and affects all industries working across borders and every
type of commercial agreements; from entering into a
contract, to validity of purchase conditions. You need to
protect against litigation and anticipate legal pitfalls. This programme
has been expressly designed to combine up-to-date commercial
law with practical methods of translating this law into
documentation. It identifies and analyses the different types of
contract and how they are affected by the various statutes, ensuring
that you fully grasp the impact of current legislation and case law.
Why you should attend
The International Commercial Contracts School offers a wideranging
and detailed understanding of drafting techniques,
negotiation tactics, contract law and the law of damages under
English common law with comparisons to civil law jurisdictions.
Presented by an international specialist in the field, this intense
programme will enable participants to effectively negotiate and
draft unambiguous contracts with knowledge and confidence.
Who should attend?
• Heads of legal
• In-house counsel
• Contracts directors and managers
• Commercial directors and managers
• Senior business development executives
• Private practice lawyers
• Professional advisors
Unique modular learning format
The week delivers an excellent opportunity to bring not just
yourself but your whole team up-to-date with current best practice
in commercial contracts training. The programme’s unique format
consists of three modules delivering not only excellent technical
and personal development but flexibility and value for money for
your organisation.
• Module 1: Business and Contract Law
• Module 2: International Contract Negotiation
• Module 3: Liabilities and Damages in International
Commercial Agreements
The interactive nature of the course allows for a shared learning
experience and the opportunity to exchange good practice with
colleagues working in different sectors and jurisdictions.
The delivery style
This highly interactive programme aims to deliver applied
training through a balanced blend of practical learning. The
presenter uses a mix of trainer input, a range of models and
frameworks, practical exercises and business cases to ensure
you leave the programme with new skills and knowledge that
can be put to use in the workplace straight away.
This includes hands-on drafting and negotiation workshops
when participants will have an opportunity to practice their
newly acquired skills under the guidance of our expert trainer.
Schedule
Registration and refreshments will be at 9-9.30am and finish
at 5pm each day, with the exception of day 5 which will end
at 4.30pm to allow time for travel home. Two 15-minute
breaks and 1 hour for lunch will be scheduled each day.
Book individual modules…
If you would like to choose individual modules rather than
attend the whole week please contact Customer Services for
more information on pricing on +44 (0)20 7729 6677 or email
info@falconbury.co.uk
29 CPD
Hours
Solicitors Regulation Authority
Continuing professional development
This programme is equivalent to 29 hours of continuing
professional development.
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For more information visit: falconbury.co.uk/123
© 2013 Falconbury Ltd
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Module
One
Business and Contract Law for International
Commercial Contracts
Day one
PRACTICAL DRAFTING EXERCISE
0900 Registration and refreshments
0930 Welcome and introduction
Tools, techniques and terminology when
creating a formal contract
• Informal contracts
• Standard terms
• Letter of intent
• Memorandum of understanding
• Binding or non-binding
PRACTICAL DRAFTING WORKSHOP
Pre-contract documents and enforceability.
Offer and acceptance
• Defining the number of offers that can be on the table at any time
• Understanding what a counter offer is
• Examining what constitutes acceptance
Getting-to-grips with how the law changes
and what you thought you had agreed to
• What are implied terms and where do you use them
• Working within government restrictions
• Misrepresentation
• International convention
Understanding and effecting drafting
payment obligations
• Advance/stage payments
• Retention monies
• The role of bonds
• Credit insurance
• Letters of credit
Including constructive performance
obligations
• Specific performance
• Condition precedents
• Delivery
• Force Majeure
• The Doctrine of Frustration
Key clauses and how they are interpreted
in different countries
• Best efforts and reasonable endeavours
• Confidentiality clauses
• Penalty clauses
• Assignment clauses
• Termination
• Post contractual obligations
Limit contractual risk for your organisation
• Identifying the areas of potential claims
• Examining claims in contract
• Examining claims in tort
• What are the claims under other headings
• Insurance
In this session participants will practice drafting contract terms and receive
practical advice and guidance on how they can develop in this area.
1700 Close of day
Day two
0900 Refreshments
0930 Welcome and review of previous day
Making defences to breach of contract
• Misrepresentation
• Duress
• Mistake
• Negligent misstatement
Termination – understanding how and when
contracts end
• Duration
• Remedying defaults
• Events
• Liquidation
• Change of control
• Post termination
Successfully resolving contractual disputes
• Drafting key provisions to minimise the risk of disputes
• ADR clauses
• Arbitration – institutional or ad hoc
PRACTICAL DRAFTING EXERCISE
In this session participants will draft standard contract terms based on the
skills and knowledge developed during the day under the guidance of the
expert trainer.
Some typical agreements
This session will review the terms and conditions of some typical agreements to
illustrate how to avoid the legal pitfalls and challenges faced.
• Service
• Supply
• Manufacture
• Licensing
PRACTICAL WORKSHOP
Drafting and understanding
boilerplate clauses
• General provisions
• Confidentiality
• Costs
• Assignment
• Entire agreement
• Notices
• Law of the contract
• Jurisdiction
1700 Close of day
bookings@falconbury.co.uk +44 (0)20 7729 6677

Module
Two
International Contract
Negotiation
Module
Three
Liabilities and Damages in
International Commercial Agreements
Day three
Day four
Day five
0900 Refreshments
0930 Welcome and start of module
Essentials of negotiations
• Effective negotiators
• Negotiation models
• Objectives
• Strategies
• Frameworks
• Perceptions
Preparing for negotiations – setting
objectives and selecting strategy
• Preparation questions
• BATNA/ZOPA/Target
• Power, interests and positions
• Selecting a strategy
• Creating value
• Preparation in a hurry
Negotiating across national and
organisational cultures
• Mapping national cultures
• Reconciling differences
• High and low context
• Types of collaborations
• Trust
Negotiating styles
• Recognising your style
• Identifying styles
• Adapting styles
• Practicing different negotiating styles
PRACTICAL WORKSHOP
Negotiation of legal and commercial clauses.
Communication skills
• Effective listening
• Effective telling
• Body language
• Silence
• Telephone and Internet
Situation tactics or ploys and
counter-ploys
• Creating the right atmosphere
• Seating
• Threats/insults
• Interruptions
• Emotional appeals
• Making and reinforcing a final offer
• Encouraging closure
NEGOTIATION CLINIC
Get your queries answered on recent challenges you have
faced in negotiations and how to overcome them.
Personal action plans
1700 Close of day
0900 Refreshments
0930 Welcome and start of module
Identifying the areas
of risk
• The areas of potential claims
• Claims in contract
• Claims in tort
• Claims under other headings
Exclusions and
limitations of liabilities
• Liability for personal injury or death
• Liability for late delivery and/or
performance
• Maximum aggregate damages
• Fundamental breach
• Different country examples
Liquidated damages and
penalties defined
• Are penalties recoverable?
• Evidence requirement
• Full and final settlement as an effective
limitation of liability
• Considering clauses from different
countries
WORKSHOP
Exclusion and liquidated and ascertained
damages clauses.
Force Majeure
• The concept of Force Majeure
• Changing circumstances and unforeseen
events
• Hardship clauses
• Defining the events
• Typical claims
• The termination period
• Re-execution/Re-negotiation
• The Doctrine of Frustration
WORKSHOP SESSION PART 1
During this session, delegates will be
given drafting exercises to put what they
have learnt into practice.
1700 Close of day
0900 Refreshments
0930 Welcome and review of
previous day
Direct and indirect
damages
• Types of damages
• Damages for breach of contract
• Loss of profit
• Consequential losses and expenses
• Loss of opportunity, expectation and
amenity
Time limits
• What is limitation?
• The purpose of a limitation period
• Computation of the period
• Key English limitation periods
• Special cases
• Personal injuries and death
• Latent damage
• Standstill/tolling agreements
• Continuing wrongs
Choice of law governing
the contract
• Legal basis
• Applicable law in the absence of choice
• Limits of choice of law
• Natural place of jurisdiction
• Choice of forum clauses
• Limits of choice of forum clauses
Litigation, arbitration
and alternative dispute
resolution
• Choice of arbitration:
– Drafting of an arbitration clause
– Avoiding pathological clauses
• Alternative dispute resolution
– Conciliation, mediation and ADR
• Enforcement
WORKSHOP SESSION PART 2
During this session, delegates will be
given drafting exercises to put what they
have learnt into practice.
1630 Close of programme
FALCONBURY IN-HOUSE TRAINING
Do you have a legal or contracts team that could benefit from this training?
Challenges translate to risk and in today’s environment of bespoke and standard contracts these
risks can be mitigated with an understanding of the practical legal implications of a contract, which
can benefit both the Client, Supplier and Professional Advisor. By focusing on your contracts
terms and conditions we can tailor this course, and many others to your specific needs.
To get a FREE consultation and to find out how we can work with you call
Angela Spall on +44 (0)20 7729 6677 or email inhouse@falconbury.co.uk.

Expert presenter
Arun Singh (PROF) OBE, FRSA is an international lawyer and
consultant to an international law firm. He was formerly a
partner and Head of Commercial Law at KPMGLegal. Arun is
cited and ranked in Chambers Guide of the World’s Leading
Lawyers. He concentrates on international investment, joint
ventures, licensing of technology, research and development,
M&A, energy, outsourcing and corporate governance in developed and
emerging markets. He also handles international legal risk management
matters. Arun advises a range of international organisations. He is a Visiting
Professor in International Business, Leadership and Negotiations at Salford
University Business School, Senior Associate at Oxford University’s Institute
of Legal Practice and teaches international leadership and negotiations at
the University of Cambridge. He has facilitated programmes in Europe, Asia,
the Middle East and the U.S. He is a recognised corporate educator and a
non-executive director of four international investment companies one of
which is listed on the London Stock Exchange chairing the Audit Committee
and Investment Committee. Arun’s work for SME’s and clients such as BA,
BP, CMSLegal, Orange, Diageo, KPMG and Motorola includes contracts
drafting, international law, cross-border negotiations and conflict resolution.
He was appointed an OBE by HM the Queen in January 1999 for services
to international trade, investment and intercultural management. Arun is an
editor and contributor to a number of publications, including Thorogood’s
Special Report on Business and Contract Law, facilitator for company
programmes and corporate speaker at conferences.
Dates and venue
29 September – 3 October 2013
9-13 March 2014
Ibn Battuta Gate Hotel-Dubai
Adjacent to Ibn Battuta Mall
P.O. Box 211508, Dubai, UAE
Tel: +971 4 444 0000
Fax +971 4 444 0001
Email: hotel.dubai.Ibnbattuta@moevenpick.com
Web: www.moevenpick-hotels.com
‘This course has helped me a lot to fix the
difference between English Law and Civil Law
and it is essential for a lawyer to understand
this perspective of various legal backgrounds. I
am happy I have attended the course.’
Imen Oueddani, Legal Investigator, Al Khaleej Sugar LLC
‘I am very pleased with the course; the content
was sufficient enough for a 5 day course.
Speaker’s explanations were quite clear, good
interaction and sense of humour, good balance
between theory and practice.’
Olga Simachkova, Legal Advisor,
Sakhalin Energy Investment Company Ltd
‘Very interactive. The course has covered
various issues.’
Assem Ramazanova, Legal Consultant,
Maersk Oil Kazakhstan GmbH
‘It was an excellent, informative and
helpful course.’
Sajna Habeeb, Contracts Administrator,
Thuraya Telecommunications Company
‘Great speaker…’
Pierre Edouard Mulliez, Chief Financial Officer Administrator,
Navtech Marine Services
‘… it’s a very good course…’
Faisal Ali Al Balushi, Commercial Officer, Sohar Industrial Port
‘It was very good.’
Maha Al-Anbae, Lawyer, Kuwait Petroleum Corp
Other forthcoming legal and contracts
programmes from Falconbury
Drafting Commercial Contracts
22-23 October 2013 • London
Accommodation
Accommodation is not included in the course fee, however we have
arranged a preferential rate at the hotel for our participants. Please see our
website for details falconbury.co.uk/307.
Travel
If you are attending from outside of the UEA and would like assistance with
travel arrangements please contact Falconbury Customer Services on
+44 (0)20 7729 6677.
Liabilities and Damages in International
Commercial Agreements
26-27 September 2013 • London
Managing and Leading an Effective
In-house Legal Department
17-18 October 2013 • London
Negotiating and Drafting IT Contracts
30-31 October 2013 • London
To find out more visit: falconbury.co.uk
email info@falconbury.co.uk or call Customer
Services on: +44 (0)20 7729 6677
Become a Falconbury Member and save 30% off this programme

International Commercial
Contracts School
Book before 15 July 2013
and SAVE $825/£500!
To book online go to: falconbury.co.uk/307
Dates and venue
29 September – 3 October 2013 Ref: 6198
9-13 March 2014 Ref: 6324
Ibn Battuta Gate Hotel-Dubai, Adjacent to Ibn Battuta Mall
P.O. Box 211508, Dubai, UAE
Tel: +971 4 444 0000 • Fax +971 4 444 0001
Email: hotel.dubai.Ibnbattuta@moevenpick.com
Web: www.moevenpick-hotels.com
Accommodation
Accommodation is not included
in the course fee, however we
have arranged a preferential
rate with the hotel for our
participants. Please contact our
customer services department
for more information at:
falconbury.co.uk/307.
Three ways to book
falconbury.co.uk bookings@falconbury.co.uk +44 (0)20 7729 6677
Fees and payment
EARLY BOOKING DISCOUNT Book BEFORE 15 July 2013
$3464.00 • £2099.00
Multiple booking discount for 2nd or subsequent delegates – 15%
$2944.40 • £1784.15
FULL PRICE Book AFTER 15 July 2013
$4289.00 • £2599.00
Multiple booking discount for 2nd or subsequent delegates – 15%
$3645.65 • £2209.15
Falconbury in-house training
Coming to Falconbury for your in-house training provides an
all-inclusive service which gives you access to a wide variety of
content, learning platforms and delivery mechanisms as well as your
own personal training adviser who will work with you from the initial
enquiry through to feedback and follow-up after the programme.
With over 600 trainers, all practitioners and experts across a huge
range of fields, we can provide the training you need, where you
need it, when you need it, and at a price which suits your budget.
Our approach to tailored learning and development consists of
designing and delivering the appropriate solution for each client.
To get a FREE consultation and to find out how we can work
with you call Angela Spall on +44 (0)20 7729 6677 or email
inhouse@falconbury.co.uk.
The Small Print
Membership price $1400/£850 + VAT
Payment options
1. Invoice which can
be paid by BACS,
credit card or
cheque made
payable to
Falconbury Ltd.
2. Online through our
secure website
when registering
SAVE 30%
BECOME A MEMBER TODAY
As a Falconbury Member your price for this programme would be $3002/£1819 with
benefits of up to 50% off public courses, online learning, reports and in-house training.
Benefits of membership include:
• Unlimited purchases for your whole
organisation nationally and globally
• Tracking training via your online account
• Access to a dedicated training advisor
• Incredible cost/quality ratio on your
professional development
For more information and a discussion with an expert training advisor please call us on
+44 (0)20 7729 6677 or visit falconbury.co.uk
Falconbury registered address: Acre House, 11-15 Williams Road, London, NW1 3ER. Company No. 3937398
FEE: The fee includes all meals and refreshments for the duration of the
course and a complete set of course materials. If you have any particular
requirements please advise customer services when booking.
HOW TO REGISTER AND PAY: An invoice and booking confirmation will
be sent within 7 days, please contact us if you have not heard anything
after that time. Payment can be made by credit card, by bank transfer
(for bank account details please see payment details section of booking
form) or by cheque made payable to Falconbury Ltd and posted to the
address above. Any questions please contact Customer Services on
+44 (0)20 7729 6677. ALL PAYMENTS MUST BE RECEIVED IN ADVANCE
OF THE EVENT
MULTIPLE BOOKING DISCOUNTS: This discount may not be used in
conjunction with any other offer or the Falconbury Membership discount.
CANCELLATIONS AND TRANSFER: Once we have received your booking
the place(s) are confirmed. See table opposite for details.
Delegate
Up to 28 days
before course
27 to 14 days
before course
13 to 0 days
before course
Cancellation 10% admin fee 100% admin fee 100% admin fee
Transfers Free 10% admin fee 100% admin fee
Substitution Free Free Free
A maximum of one transfer is allowed. After the transfer no cancellation
can be accepted and the full invoiced fee will be charged. Transfers are
subject to payment of the difference on higher value courses.
All cancellations must be received in written form
MEMBERSHIP CONDITIONS: The Falconbury Membership discount
cannot be used in conjunction with any other discount offer, including
multiple booking discounts, unless otherwise stated or negotiated.
PLEASE NOTE: Falconbury Ltd reserve the right to change the content and
timing of the programme, the speakers, the date and venue due to reasons
beyond their control. If in the unlikely event that the course is cancelled
Falconbury will refund the full amount and disclaim any further liability.
DATA PROTECTION: The personal information provided by you will be
held on a database. Sometimes your details may be made available to
external companies for marketing purposes. If you do not wish your
details to be used for this purpose please write to: The Database
Manager, Falconbury Ltd, 10-12 Rivington Street, London EC2A 3DY, UK.
Please quote your reference number:
6521/