Nigerian Seminars and Trainings

Search all upcoming seminars, conferences, short management courses and training in Nigeria and around the World

business logo

Workshop On Legal English: Drafting, Contracts And Advanced Negotiation

By: Skills for Africa Training Institute

Kenya

08 - 19 Jul, 2024  12 days

Follow Event

  

USD 3,000

Venue: Nairobi

Other Dates

Venue Date Fee  
Nairobi, Kenya 12 - 23 Aug, 2024 USD3000
Nairobi, Kenya 09 - 20 Sep, 2024 USD3000
Kigali, Rwanda 14 - 25 Oct, 2024 USD3950
Mombasa, Kenya 11 - 22 Nov, 2024 USD3000
Nairobi, Kenya 09 - 20 Dec, 2024 USD3000

This full, intense and interactive 5 day Legal English, Drafting, Contracts and Advanced Negotiation Skills course is designed to identify the forming of enforceable contracts, common drafting errors, improve and practice writing and drafting skills, practice and advanced negotiation skills in English. In addition address current practice in key areas of English law as used in international commercial contracts. All led by an international specialist in the field by the methodology of applied accelerated learning.

COURSE OBJECTIVE

By the end of the course, participants will have been taken through:

  • Learn how to avoid common drafting pitfalls
  • Understand the structure and terms that are common to contracts in English
  • Learn advanced negotiation skills (for commercial matters and dispute resolution) in English and develop an effective communication and negotiation style
  • Strengthen your knowledge of complex contractual terms including indemnities, warranties and exclusion clauses, force majeure clauses in an ever changing global scenario
  • Highlight selected key comparative differences between Common Law with comparisons to Civil Law jurisdictions
  • Consider the distinction between direct, indirect and a consequential damages
  • Courts attitude and interpretation of exclusion clauses
  • Refresh your knowledge of the law surrounding breach, termination and liquidated damages, enabling you to draft tighter provisions and ensure greater protection for your stakeholders
  • Share the knowledge and experience of peers from different countries and sectors

DURATION

10 days

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

COURSE CONTENT

CONTRACTS and CONTRACT DRAFTING

  • Introduction
  • Structure of Course
  • Expectations
  • Contract of Group

Formation of Contract

  • What is a contract?
  • Making a binding and enforceable contract
  • 6 components
  • Offer
  • Acceptance
  • Consideration
  • Deeds
  • Limitation periods

Preliminary agreement forms

  • Memorandum of understanding
  • Letter of intent
  • Heads of Agreement
  • Term sheet
  • Authority to proceed
  • Scope of work
  • Subject to contract

Confidentiality agreements – drafting workshop

  • Purpose
  • Types of information they protect
  • Causes of breach
  • What information cannot be disclosed
  • Enforcement

Structure and format of agreements

  • Parties
  • Recitals
  • Interpretation
  • General terms
  • Commercial terms
  • Industry specific terms
  • Intellectual property
  • Third party rights
  • Schedules
  • Execution
  • Tyranny of Standard Forms

Checklist and procedures for drafting - Workshop

  • Standard terms and battle of the forms
  • Style guides and best contract style
  • Checklist for drafting agreement
  • Contra Proferentum
  • Parol evidence rule
  • Prior negotiations rule
  • Implied terms

Common terms and phrases

  • “Best or reasonable endeavours”
  • Joint and several
  • “Time is of the Essence”
  • Warranties
  • Indemnities and limitation of liability clauses
  • Termination clauses
  • “Subject to contract”

Direct, indirect damages and consequential loss

  • Types of damages
  • Damages for breach of contract
  • Back-to-back contracts
  • Physical damages
  • Costs and expenses
  • Waste
  • Loss of profit
  • Consequential losses and expenses

Warranties, Representations, Guarantees & Indemnities - Workshop

  • Definitions and identification
  • Pointers to distinguish and negotiation
  • Warranties
  • Representations
  • Guarantees
  • Indemnities
  • Entire agreement clauses


Exclusions Limitations of Liability, Liquidated and Ascertained Damages and Penalties

  • Liability for personal injury or death
  • Liability for late delivery, performance or similar
  • How to limit the maximum aggregate damages
  • Examples of limitation of liability clauses
  • Liquidated and Ascertained Damages

Exclusions Limitations of Liability, Liquidated and Ascertained Damages and Penalties - Workshop

Introduction – Negotiation Essentials

  • What is Negotiation?
  • Framework for Negotiation
  • Simulation
  • Negotiation Objectives
  • Creating Value
  • Maximizing Value
  • Claiming Value
  • Examples of Value

Negotiation Strategy

  • BATNA
  • Reservation price
  • ZOPA
  • Diagnostic – Know Your Dominant Negotiating Style – And Recognize Others Style – Broadening and Adapting Your Style

Key Negotiation Behaviours

  • Listening
  • Asking Questions
  • Body Language
  • Direct and Indirect Communication
  • Negotiating face to face, by phone and by email
  • Power, Interests and Positions
  • Preparation – Developing a Scoring System
  • Bargaining and Haggling
  • Offers and Anchors

Force Majeure, Frustration and Economic Hardship

  • The concepts of Force Majeure and Economic Hardship
  • Doctrine of Frustration
  • Changing circumstances and unforeseen events
  • Hardship clauses
  • Defining the events
  • Typical claims
  • The termination period
  • Re-execution/re-negotiating
  • Drafting Workshop

Termination

  • Reasonable notice
  • ‘Triggers’ for termination
  • Change of control
  • Insolvency
  • Surviving rights
  • Duty of co-operation

Boilerplate – Sample Clauses and Pointers

  • Agency/Partnership
  • Assignment and sub-contracting
  • Counterparts
  • Entire agreement
  • Insolvency and bankruptcy
  • Communication notices
  • Set off
  • Severance clause
  • Waiver

Exit strategies, Choice of Law, Jurisdiction and Dispute Resolution

  • Legal basis
  • Applicable law in the absence of choice
  • Limits of choice of law
  • Choice of arbitration; drafting of an arbitration clause; avoiding pathological clauses
  • Alternative dispute resolution – conciliation, mediation and ADR
  • Enforcement: The New York Convention and beyond

Questions and discussion

GENERAL NOTES

  • This course is delivered by our seasoned trainers who have vast experience as expert professionals in the respective fields of practice. The course is taught through a mix of practical activities, theory, group works and case studies.
  • Training manuals and additional reference materials are provided to the participants.
  • Upon successful completion of this course, participants will be issued with a certificate.
Nairobi Jul 08 - 19 Jul, 2024
Nairobi, Kenya 12 - 23 Aug, 2024
Nairobi, Kenya 09 - 20 Sep, 2024
Kigali, Rwanda 14 - 25 Oct, 2024
Mombasa, Kenya 11 - 22 Nov, 2024
Nairobi, Kenya 09 - 20 Dec, 2024

Class Session: 08:00:am - 04:00:am

USD 3,000.00
USD 3,000.00
USD 3,950.00
USD 5,500.00
(Convert Currency)

Nixon Kahuria +254 702 249449

Skills for Africa
NST PPC Advert

Related Courses

Workshop On Petroleum Project Economics And Risk Analysis Workshop On Petroleum Project Economics And Risk Analysis

5 days, 08 - 12 Jul, 2024 

2024-07-08 12:07:00 2024-07-08 12:07:00
Kenya

Skills for Africa Training Institute

Exploration and Production companies often must evaluate their potential E&P investment using proper present value analyses of expected future cash flows. From the projected cash flows and ...

Purchasing And Resourcing, procurement Management Workshop Purchasing And Resourcing, procurement Management Workshop

5 days, 08 - 12 Jul, 2024 

2024-07-08 12:07:00 2024-07-08 12:07:00
Kenya

Skills for Africa Training Institute

Purchasing is one of the most important functions for successful organisations, whether it is selecting and applying the appropriate methodologies to ensure value for money or monitoring high quality ...

Advanced Tax Administration Training Course Advanced Tax Administration Training Course

12 days, 08 - 19 Jul, 2024 

2024-07-08 12:07:00 2024-07-08 12:07:00
Kenya

Skills for Africa Training Institute

The program supports individuals in calculating and managing taxes legally as effectively and efficiently as possible. It dives into the intricacies of setting policies on what taxes to levy, in what ...

Effective Office Management And Administration Training Effective Office Management And Administration Training

5 days, 08 - 12 Jul, 2024 

2024-07-08 12:07:00 2024-07-08 12:07:00
Kenya

Skills for Africa Training Institute

In order to remain competent in the workplace administrators, office managers and secretaries need to be equipped with the relevant knowledge and skills. This one week effective office ...