Negotiate, Draft and Manage Contracts

Beskrivelse af service

An interactive and interdisciplinary course focused on understanding and proactively handle commercial, technical and legal aspects when negotiating, drafting and managing contracts in English. Participant profile This course is for project managers, contract managers, bid managers, procurement managers etc. without formal legal education, who wants to improve their understanding and ability to negotiate, draft and manage contracts in English. Participants may work within e.g. the energy sector, IT and pharmaceutical industries, construction and infrastructure industries, the manufacturing and service industries and in various other public or private organizations. Background, aim and purpose of the course In order to better negotiate, draft and manage contracts, it is important to understand the legal, technical and commercial drivers behind contracts and contract clauses. The aim of this course is to enable its participants to: - Better understand, connect and integrate these commercial, technical and legal issues, e.g. how to optimally negotiate, draft and manage warranties and best efforts clauses, liquidated damages, limitation of liabilities, force majeure and indemnification clauses, best efforts clauses etc. in relation to the business purposes, the project risks involved, the legal requirements (e.g. in relation to its wording and legal effect), which amounts and ceilings are commonly agreed to, the applicable law etc. - Focus will be on specific clauses and also how the clauses relate to each other, e.g. how force majeure clauses may work as a limitation of liability, and the relationship between warranties, indemnities and liabilities. As part of this, the background law and the differences between some of the most important legal systems will be explained, e.g. to which extent English law may or may not permit penalty clauses, how German law may or may not accept limitation of liability for gross negligence, and the pro´s and con´s of choosing e.g. Danish, English or Swiss law as the governing law of the contract. It will also be shown how the different drivers, stakeholders interests and approaches may affect negotiation styles and results, and how it might be possible to overcome disagreement by understanding each side better and choosing more intelligent drafting solutions. An interactive course The participants are offered to bring their own examples of clauses for discussion. Furthermore, as part of the course, the partic

Kontaktdetaljer

• Copenhagen Marriott Hotel, Kalvebod Brygge 5, 1560 København, Denmark