Managing & Understanding The Workings Of Commercial Contracts

23-24 Jul, 2018, Kuala Lumpur

FOCUSING ON
  • Understanding The Workings Of Commercial Contracts
  • Analysing Commercial Risk In Commercial Contracts
  • Dealing With Specific Clauses And The Contracts Act 1950
  • Risk Exposure And Assessment Of Liability In Commercial Contracts
  • Understanding Boiler Plates
  • Understanding Termination Clauses In Commercial Contracts And Remedies For Default
  • Prepare For Your Contract Negotiating sessions By Mastering The Elements Of Successful Negotiation
  • How To Avoid And Resolve Conflicts During Your Contract Negotiation Process
OVERVIEW

In today’s highly competitive and cost-conscious environment, understanding commercial contracts is an important part of business activity. Over 85% of business transactions are governed by contracts and hence it is necessary that contracts be aligned with business expectations. It requires legal and Non-professionals to be well versed with the contents of commercial contracts and expertise to foresee the risk and have futuristic thinking to handle contracts in the best interest of their organization.

 

This course is for any professional who wants to learn and understand the workings of commercial contract. This would include individuals who have no experience, but want to learn the fundamentals, as well as those who have or will have a job that directly involves dealing with commercial contracts.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Understanding contractual terms and their impact to businesses.
  2. Expanding your knowledge of the risk in liability clauses.
  3. Mastering practical knowledge of contents of agreements.
  4. Examining specific clauses and their use.
  5. Learning how to interpret variations and time of essence clauses.
  6. Clarifying essential terminology in commercial contracts.
  7. Getting up-to-date with the use contractual liability clauses and indemnities.
  8. Understanding the effect of exclusion and limitation clauses and how they can be used to manage your exposure.
  9. Understanding the limits on liabilities.
  10. Understanding how Boiler Plates work.
  11. Negotiating competently your business agreements with winning negotiation concepts.
  12. Negotiating a favourable outcome for your business agreements by shifting to a win- win approach.
WHO SHOULD ATTEND
  • Directors
  • Managers & Head of Departments
  • Procurement Officers
  • Legal Executives
  • HR Personnel
  • Anyone dealing with Contracts
METHODOLOGY
The course will have activities, group discussion and presentation for all modules.
DAY 1
9:00 UNDERSTANDING THE WORKINGS OF COMMERCIAL CONTRACTS
  • Contractual terms and their impact on business
  • What makes [and does not make] a contract
  • Checklist for legally binding contracts
  • Checklist for formation of contracts
  • Checklist of what will make a contract Invalid or void
  • Checklist which might make the contract or particular provision unenforceable
10:45 ANALYSING COMMERCIAL RISK IN COMMERCIAL CONTRACTS
  • Which terms comprise the contract?
  • Implied Terms forming part of Negotiations
1:00 Lunch

2:00

DEALING WITH SPECIFIC CLAUSES AND THE CONTRACTS ACT 1950

  • Terms implied by Law/Fact/custom
  • Title and Risk passing and understanding when it happens
  • Payment provisions and common issues
  • Contract Variation, the transfer of Rights, amendments
  • Scope of Work
3:45 RISK EXPOSURE AND ASSESSMENT OF LIABILITY IN COMMERCIAL CONTRACTS
  • Warranties
  • Undertakings
  • Indemnities
  • Penalty Clauses under Malaysian Law and Updates
  • Exclusion Clause and recent court decisions
  • Misrepresentation under Contracts Act 1950
5:00 End of Day 1
DAY 2
9:00 UNDERSTANDING BOILER PLATES
  • Force Majeure-Its purpose and application [with Samples for various types of contracts]
  • Waiver
  • Notices
  • Assignment
  • Special meanings given by parties and defined terms
  • General Boiler Plate clauses
10:45 UNDERSTANDING TERMINATION CLAUSES IN COMMERCIAL CONTRACTS AND REMEDIES FOR DEFAULT
  • Differentiating Termination for Breach from Discharge under the Contracts Act 1950
  • Termination for Repudiation
  • Termination on grounds of Frustration
  • Specified Events
  • Termination for Convenience
  • Other forms of Termination
  • Consequences of Termination - Remedies for Default
1:00 Lunch

2:00 PREPARE FOR YOUR CONTRACT NEGOTIATING SESSIONS BY MASTERING THE ELEMENTS OF SUCCESSFUL NEGOTIATION
  • Identify the interests
  • Generate a range of possible options
  • Separate people from the problem
  • Make sure the agreement is fully executed
3:45 HOW TO AVOID & RESOLVE CONFLICTS DURING YOUR CONTRACT NEGOTIATION PROCESS
  • Determine the appropriate methods for dealing with unfair demands
  • Apply a compromise approach
  • Evaluate the use of mediation and arbitration
  • Focus on the interests of both parties
  • Use fair standards and procedures
5:00 End of Course

 

LEARN FROM THE BEST

Mr. K. Pathmanathan, who holds an LL.B (Hons) London, CLP – Malaysia, has been actively involved in the field of education, management and training. He has more than twenty-five years of professional experience as a trainer and principal consultant in organizing and managing various organizations.

 

Industrial Experience

  • Trained and lectured for private companies and government entities. Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives.
  • Conducted legal and management seminars for organizations which included providing consultation. Some of the common programs conducted are: Contract Management, Right & Liabilities of Vendors and Purchasers, Effective Debt Recovery, Sexual Harassment at the Workplace, Management & Leadership Skills, Negotiation Skills, Change Management, Creativity & Innovation, Team Building, Communication Skills, Problem Solving & Decision Making and other related areas.

Mr. Pathmanathan is able to combine the elements taught in a specific program both legal and management with real life requirements for those on the job.

  • Mr Pathmanathan is a hands-on, bilingual trainer who
    graduated with LL.B (Hons) from the University of London in 1986 and the Certificate In Legal Practice (Mal) in 1987.
  • He has excellent classroom management skills and is able to bring out the extrovert in participants resulting in in-depth lasting results.
  • He is the pioneer trainer for Contract Management in
    Malaysia and has been conducting training on this subject for the past 15 years to mostly corporate clients. His clients include the major multi-national companies in Malaysia such as Telekom Malaysia, Petronas, Tenaga National, York, Proton, Risda and many more including the Oil & Gas industry.
  • He was responsible for training the entire staff of Telekom Malaysia, in the Contract Management Department, for the
    whole of Malaysia over many sessions.
  • Mr Pathma is extremely proficient in this subject matter
    and well sought after by the corporate sector.
  • Some of the organizations he has trained for include
    the petrochemical Industries, manufacturing sectors, banking, telecommunications, consumer products and
    services industries namely big corporate companies such as Petronas, PSMB, Tenaga Nasional, Jabatan Air, Telekom, TM Touch, Hitachi, Tioxide (M) Sdn. Bhd., Nippon Oil Exploration, Hewlett Packard, Penang Port, Penang Bridge Sdn Bhd, Measat Broadcasting Network Systems, Sony, Toray Group Malaysia, Silterra, Teknik Janakuasa, Harbour Board – Sarawak, Circle Freight, Kintetsu Air Services, Petronas Fertilizer (Kedah) and its subsidiaries, Fed Ex, GD Express, Motosikal & Enjin Nasional Berhad (Modenas), Suzuki, Yamaha and Sime Tyres International to name a few. Participation from the Government sectors include those from the Land Department, Risda, Felda, Lembaga Hasil Dalam Negeri, Tentera Laut Diraja
    Malaysia, Jabatan Kesihatan PP, Mara, Customs Department, Local Councils and other government agencies.


 

VENUE DETAILS

Furama Hotel Kuala Lumpur
136, Jalan Changkat Thambi Dollah
55100 Kuala Lumpur
- 55100
Phone :(603) 2788 8888

 

IPA TRAINING IS REGISTERED WITH

 

CONTACT US

Juliany, 
O - 03 2283 6109,
M - 019 3134436
juliany@ipa.com.my 

Michelle, 
O - 03 2283 6100, 
M - 019 363 7822
michelle@ipa.com.my 

For Customised In-House Training
Yvonne,
O - 03 2283 6101, 
M - 012 2011247,

F - 03 2283 6108
 
yvonne@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