Course brochure - Falconbury

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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
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Course brochure - Falconbury

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