The trainer is an international lawyer and corporate educator on commerce and finance law and professional business skills and management. He was formerly a partner and Head of International Commercial Law at KPMG Legal globally and Masons (now Pinsent Masons). He has been listed in the independent Chambers Global: The World’s Leading Lawyers as an expert in investment law and regulations, where he is described by peers and clients as “a strong commercial thinker.
He concentrates on UK and international investment, M&A, private equity, energy, corporate and commercial law in developed and emerging markets, and also facilitates training in international professional management and skills. He advises a range of international organisations.
In addition to being a corporate educator he sits as a non-executive director in the private and public sector.
Workshop – Participants will divide into groups and clarify the distinctions between these contractual remedies and the significant impact on drafting.
Split into groups and draft clauses
This intensive course will take the participant through the key steps in drafting successful commercial contracts to minimize legal and commercial risk in contracts. Most disputes are about the interpretation of a contract term. Disputes can be expensive, damage commercial relations and take up valuable management time, this course is designed to avoid potential disputes.
You will be taken through the structure of a contract, then the drafting process by introducing you to a framework that will be easy to adopt from the course onwards; also, how to analyse the meaning and impact of yours and counter party’s contract clauses.
You will be taken through the steps of what is needed to have binding enforceable contract, and the way in which terms are categorized, such as express and implied terms, that is those terms that the law says are a part of the contract even though you did not insert them.
Sharing draft clauses and pointers to drafting you will be taken through critical and significant clauses that form a part of all commercial contracts, including the limitation and exclusion of damages, the regularly misunderstood and wrongly drafted warranties and indemnities. Unless they are drafted carefully to certain rules they may not provide the remedies you think they do.
The course will look at commonly used terminology such as ‘Best Endeavours’ and ‘Reasonable Endeavours’ the duty they create and how to bring a contract to an end – the different options in your control and those beyond your control such as Force Majeure and Frustration.
Participants will be taken through key boilerplate terms with sample clauses and pointers to drafting to ensure that contracts are effectively performed and that rights and obligations are clear and effective to pre – empt disputes and minimize risk.
Throughout the course the group will practice the drafting of clauses with feedback and coaching by the facilitator.
|Training Course||Training Course Summary|
|Loan Documents and Security Issues||Gain an overview of key documents and their uses|
|Advanced Negotiation Issues in Financial Covenants||This programme covers financial covenants in leveraged loans and real estate deals and includes specific reference and analysis of the covenants, terms and definitions in the LMA Senior Facilities Agreement for Leveraged transactions and LMA Real Estate precedents.|