Negotiate, draft and manage contracts in English

Contracts in English

An interactive and interdisciplinary course for project managers, contract managers, bid managers etc. without formal legal education on how to understand 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., 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 better to 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.

There will be focus on the 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 participants will be given negotiation and drafting guides to some of the most important clauses, including management processes and tips and tricks and lessons learned.

In conclusion: negotiating, drafting and managing contract will be easier to understand and handle for the ones involved, thereby minimising conflicts and supporting better business outcomes.

NEW! Online live streaming offered

Upon request, you can now choose to have livestreamed training through microsoft teams. Contact NSCCM by email britt.torp@nsccm.dk or by mobile number 7020 0131 for an appointment.

 

Content /Indhold

Topics day 1
  • Letters of intent
  • Recitals, definitions, interpretation clauses
  • Warranties, sole remedies, defects liability
  • Reasonable efforts, best efforts and similar concepts
  • Indemnities, hold harmless and disclaimers of liability
  • Product liability clauses
Topics day 2
  • Penalty clauses, liquidated damages, service credits etc.
  • Force majeure, Hardship, adjustment and re-negotiation duties
  • Change and claims management
  • Termination and post-contractual obligations
  • Dispute resolution (choice of law and jurisdictions).

Teachers

Michael

Michael Pedersen

Legal Business Partner, Domestic Building Projects, Grundfos Holding, cand.jur.
Michael has more than 25 years of experience with contract negotiation and drafting, dealing with different types of contracts, e.g. sales and procurement contracts, construction and wind energy. He has been Chief Legal Counsel, Special Projects and Head of Legal Corporate, Procurement and HR, Grundfos as well as Legal counsel, Vestas.  Michael has been external lecturer at the Department of Law, Aarhus University for almost 10 years, where he developed the course Drafting Commercial Contract together with René Franz Henschel. He has been giving in-house and open courses lectures for many years.
René Franz Henschel

René Franz Henschel

Professor at Department of Law, Aarhus University. IACCM/World Commerce & Contracting Certified at Expert Level
René is an experienced educator and researcher in contract law as well as contract management. He has published a large list of articles and books concerning the subjects and has a lot of practical experience through his work as a consultant – working for law firms, regions, municipalities and IT suppliers amongst others. René is a member of the IACCM Advisory Board as well as being co-writer of many of the textbooks that we use in our education. 

Overview

.

Form 

2 days with theory, exercises, examples and discussions of the participants' own
examples of clauses.
The teaching will be conducted in English.

Materials

50 pages “easy-to-use reading guide” on the relevant clauses. In this material, the participants will find overviews of different clauses, how they differ in wording and understanding in the different jurisdictions, how to avoid common pitfalls, etc.

Participants are offered to buy a book as part of the course, which further elaborates on the specific topics.
The teaching will be conducted in English. However, there will be offered an English/Danish legal terms guide as part of the course.

Effort

Read the “easy-to-use reading guide” on the relevant clauses - about 50 pages.

You can find the material on NSCCM’s material page. You will receive an email when the material page opens 14 days before classes start.

Exam

There is no exam.

A course certificate will be issued if required.

Price

10.000 DKK excluding VAT. 

913

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