*Effective Contract Negotiations

20-21 Apr, 2020, Renaissance Kuala Lumpur Hotel

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AMBIGAH KRISHNAN
LL.B (Hons) (London), Certificate In Legal Practice (Malaysia), TESOL (Canada) Ambigah Krishnan has more than 15 years of training and corporate experience on Law topics She is a PSMB licensed corporate trainer [Licence No TTT/3886] and Corporate Legal Adviser who was called to the Malaysian Bar in 1996 and admitted as Advocate and Solicitor of the High Court of Malaya. She has vast professional experience in the training industry. She has excellent communication, writing, people and class management skills.

 

Ambigah Krishnan trains in West Malaysia, Sabah, Sarawak and Brunei Darussalam.

 

Work Experience
Ambigah Krishnan is an experienced lawyer and trainer and has been involved in Contract Law including Drafting contracts, Understanding Contractual liabilities in Commercial Contracts, Construction contracts and Service Level Agreements , civil litigation, Risk compliance including Anti-Corruption/Anti Bribery and areas of Fraud prevention, Employment Law and IR, company matters, corporate, banking issues and Testamentary issues including the writing of Wills.

 

Areas Trained
Ambigah Krishnan conducts seminars for Drafting / Writing Commercial Contracts Advance Level, Contractual Risk Management, Purchasing Contracts and issue of liability for Vendors, Service Level Agreements, Suppliers and Procurement Managers, Seminar on Prevention of Staff Fraud in association with PDRM, Anti-Corruption and Corporate Liability under MACC [Amendment] Act 2018, the Personal Data Protection Act 2010 & Standards 2015 and Personal Data Protection Compliance implementation, EU GDPR 2018 including conference speaker for APAC, Information Security Training; Entrepreneur seminars for fresh graduates and business community.

 

Benefits of hiring Ms. Ambigah Krishnan
Ms. Ambigah’s forte in conducting legal programs is that she enhances Legal programs with Legal Practitioner’s advice and opinions. She also shares her experience as Legal advisor and Litigation lawyer to be part of teaching of legal programs.

 

She is able to combine the elements taught in a specific program both soft skills and Legal with real life requirements for those on the job.

 

Industry Experience
Trained for Telecommunication sector, Health sector, Finance sector, Government of Malaysia, Insurance sector, Government Linked Companies, Auto Industry sector Manufacturing sector and Oil & Gas Industry.


Venue Details

Renaissance Kuala Lumpur Hotel
Corner of Jalan Sultan Ismail and Jalan Ampang, Kuala Lumpur 50450,
Phone : 03 2162 2233
Fax : 03 2161 5555

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • All Contract Parts Discussed Is In The Light Of How To Negotiate Those Terms
  • Objectives Of A Well-Run Contract Negotiation
  • Understanding Of The Process Of Negotiation
  • Importance Of Getting The Right Specification To Reduce Both Cost And Risk
  • Evaluating Potential Contracting Parties
  • Purpose Of A Contract / Legal Needs / Terms And Conditions
  • Preventing Contract Failure. Discovering Your Personal Negotiation Capability
  • Obstacles To Good Negotiation
  • Tools Of The Successful Negotiator
  • Essential Elements Of Negotiation
  • Developing A Personal Action Plan For Improvement
OVERVIEW
Contract Negotiation Strategies course challenges the belief that anyone can negotiate a contract well, and within that belief everyone can negotiate effectively. Neither of these beliefs are true. Organisations large and small waste their energy and profit in this belief. This course could prevent your organisation losing significant sums of money as it firstly establishes a solid understanding of the benefits of good contract negotiating and how to create a function capable of delivering those benefits through organisational excellence.

 

The second fundamental to achieving success is the ability to negotiate, not only with the marketplace but with internal departments e.g., Engineering, Production, Finance, and Safety functions. Unfortunately, such negotiation is often delegated to those least able to deliver an effective outcome. This failure impacts upon the whole organisation resulting in reduced profitability and increased business risk, and an increase in personal stress and operational costs.

The participants are expected to compare their understanding of their capabilities against the key principles that support effective contract negotiations and to take away concepts and ideas that will benefit both their business and them personally.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Building an efficient and effective contract negotiating skill.
  2. Communicating more effectively inside and outside of the organization.
  3. Understanding your personal strengths and weaknesses.
  4. Understanding contract needs and eliminating contractual risks.
  5. Planning and delivering a successful negotiation and negotiating with different cultures.
  6. Having confidence in your ability to negotiate at all levels with all organizations.
WHO SHOULD ATTEND
This course benefits professionals who make policy as well as those whose role is to apply policy. Status / Job title / Role in the Company is irrelevant. It is applicable to those new to contract negotiation as well as those experienced in the process.
METHODOLOGY

This course is highly participative; participants will be able to relate to the principles expounded during the training. Participants will learn how to use the Contract law principles to the negotiations.

There will be a workshop on the negotiation of clauses. The course will involve discussions, presentations and individual question and answer sessions.

ORGANISATIONAL IMPACT

Creating confident employees who will challenge the ‘way things are’ and improve negotiation performance at reduced cost and risk, thereby increasing company profitability.

  • Identifying the key failures which prevent the contract negotiation from being successful
  • Developing a more confident individual, comfortable at representing the function at all levels in the Company
  • Reducing the risk of contract negotiation failure
  • Changing from being reactive to needs to being proactive in all aspects of performance
  • Protecting the Company’s interests through better understanding of negotiation and contracts
  • Making performance improvement a key element in managing the business
DAY 1
9:00

Module 1 – The Unforgiving Law of Contracts

  • Hidden Hazards
  • Leveraging the Business Mind-set
  • Perspectives and Caveats
  • Contract elements for negotiations
  • Authority to negotiate
  • Consideration
  • Defenses to Contract formation ‘the Parol Evidence Rule
10.45

Module 2 - Guidelines for Negotiations and relevant documentation

  • Promises versus Condition
  • Rules of Interpretation -Vital in Negotiations
  • The Battle of Forms – Which party’s terms will prevail?
  • Implied Covenant of Good faith and Fair Dealing
  • Letters of Intent and Oral Contracts – Terms to consider during Negotiations
  • Contract Negotiations – Closing the deal Strategies
  • Breach, Damages and Remedies – Benefits of Strong Remedies Language
1:00 Lunch
2:00

Module 3 - Common Mistakes In Contract Negotiations

  • Performance before Agreement
  • Negotiating RFPs
  • Inadequate description of Performance Obligations
  • Negotiation on Anticipated Performance Concerns
  • Negotiating the problems on Critical Performance Concerns / Technical Specifications / Service Level agreements
  • Negotiating guidelines for Term and Termination
  • Poor Vetting of Vendors and Suppliers contracts during negotiations
  • Accepting standard form contracts
  • Poor document change Tracking and Proofing
3:45

Module 4 - The Art of Negotiation

  • Negotiation Training
  • Demeanour and Attitude
  • Body Language
  • Negotiation Chips
  • Do not Negotiate against yourself
  • Conflicts of Interest
  • Protection of Confidential Information
5:00 End of Day 1
DAY 2
9:00

Module 5 – Getting it clear in Negotiations

  • Clarity
  • Drafting Red Flags
  • Technical Details
  • Active Analysis
  • Draft Marking
10.45

Module 6 - Common Contract Terms for Negotiation

  • Opening paragraphs / Recitals
  • Definition Sections -to be from day 1 of Negotiations
  • Obligations of Parties / Services
  • Pricing / Fees / Payments
  • Understanding Intellectual Property / Proprietary Rights clauses
  • Remedies and Exclusion of Liability
  • Representations and Warranties
12.00

Module 7 - Negotiating Risk and Liability clauses

  • Disclaimers / Warranty – Negotiate as cap to liability
  • Limitations / Limitation of Liability – Negotiate degrees of Negligence
  • Guidelines on how to negotiate liability Caps
  • Insurance
  • Modification and Waiver
  • Inappropriate Force Majeure Triggers
  • Assignment and Novation
  • Entire Agreement / Integration / Merger – Has all issues negotiated included?
  • Managing Performance Problems in Negotiation
  • Governing Law / Jurisdiction
1:00 Lunch
2:00

Module 8 - Amendments and Addendums

  • Changing Circumstances
  • How to draft negotiated Terms -Clarity /Completeness
  • Addendums
  • Amendments -Contract Surgery
  • Tactical considerations
  • Too many amendments
  • Cats in Trees
  • Sand Traps
  • Code Red -Zero Sum Disputes
3:00

Module 9 – Workshop on The Negotiation of Clauses

5:00 End of Course