Managing Your Commercial Contracts “During & Post Covid-19”

24-25 Jun, 2020, Virtual Classroom Training

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Learn from the Best

MR. K. PATHMANATHAN, has 25 years of experience in the field of training and education. He is a hands-on, bilingual trainer who graduated with LL.B (Hons) from the University of London and the CLP (Mal.)

 

In his 25 years, he has trained and lectured for private companies and government entities. Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives.

 

Mr K. Pathmanathan also 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.

 

He has also taught in many government sponsored programs conducted by the FMM, such as the Entrepreneur Development Skills program for school leavers, new graduates, unemployed group and those changing jobs.

 

Benefits of Mr. Pathmanathan as a Trainer

  • He 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 20 years to mostly corporate clients.
  • 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, PLUS, AmBank, Bank Rakyat, Penang Bridge Sdn Bhd, Measat Broadcasting Network Systems, Sony, Tenaga National University, Infineon Technologies, B Braun, Toray Group Malaysia, Silterra, Teknik Janakuasa, Bax Global, Transocean Malaysia, Harbour Board – Sarawak, Silitek Corporation, Mattel (M), Kintetsu Air Services, Bayview Beach Resort, Cititel Penang, Evergreen Laurel Hotel, Petronas Fertilizer (Kedah) and its subsidiaries, Fed Ex, GD Express, Paramount Engineering, 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

Virtual Classroom Training

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
  • Understanding the workings of Commercial Contracts
  • Analysing Commercial Risk in Contracts
  • COVID-19 and Force Majeure
  • Contract Variation & Waivers post COVID-19
  • COVID-19 and Frustration of Contracts
  • COVID-19 - Termination Clauses in Contracts and Remedies
  • Negotiating your Contract post COVID-19
INTRODUCTION

COVID-19 is the latest in a series of viral outbreaks. In the last 20 years, the world has experienced SARS (2002-2003), swine flu (2009), MERS (2012), Ebola (2014-2016), Zik (2015) and now COVID-19. Each outbreak presents different challenges to the performance of existing contractual relationships, and the latest virus creates the dilemma to consider — or reconsider — some key strategies for mitigating the risks associated with COVID-19

 

In this course, we learn and discuss some of the contract issues that may be relevant as COVID-19 outbreak spreads throughout the globe. The issues discussed in this tutorial will be relevant to most industries in Malaysia, and we shall analyse the effect of COVID-19 on overall business continuity and performance, and the potential consequences and liabilities.

 

This course is for any professional who believes that the current crisis involving COVID-19 is or has affected contracts executed by their organization and is looking for solutions / remedies which are applicable.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Examining specific clauses and their effect due to the COVID-19 crisis.
  2. Understanding the workings of Commercial Contracts.
  3. Understanding the effects of a Force Majeure clause in your Contract, in view of COVID-19.
  4. Understanding the effects of the Doctrine of Frustration and how it affects your Contracts, post COVID-19.
  5. Getting to know and understand about Contract Variation and Waivers.
  6. Getting up-to-date with contractual liability, Termination clauses in view of the COVID-19 crisis.
  7. Learning how to Manage your contracts post COVID-19.
  8. Competently Renegotiating your Contracts post COVID-19 effectively, on a win-win basis.
WHO SHOULD ATTEND
  • Directors, GMs & MDs
  • Managers & Head of Departments
  • Procurement Officers
  • Sales & Marketing
  • Legal Executives
  • HR
  • Anyone dealing with contracts
METHODOLOGY

This course will utilize a combination of lectures, discussions, practice sessions and group discussions

DAY 1
2.00

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
3.45

ANALYSING COMMERCIAL RISK IN CONTRACTS

  • Which terms comprise the contract?
  • Implied Terms forming part of Negotiations
 

COVID-19 AND FORCE MAJEURE

  • WHO has just declared COVID-19 a pandemic. Does it qualify as a Force Majeure event?
  • Interpretation of Force Majeure in Malaysia vs stability and predictability of commercial transactions
  • Is COVID-19 a defined force majeure event?
  • Could COVID-19 have reasonably been anticipated?
  • Is there a causal link between COVID-19 and the non-performance of the contractual obligations?
  • Is there an obligation to minimise the effect of the force majeure event?
  • What are the notice requirements?
  • What are the consequences of the force majeure? Is your contract terminated?
  • Term Contracts – What happens when the COVID-19 crisis is over?
5:30 End of Day 1
DAY 2
2:00

CONTRACT VARIATION & WAIVERS POST COVID-19

  • Contract Variation – Changing the terms in your Contract
  • Waiver
  • Deed of Variation – Why it is necessary?
  • Make sure the agreement is fully executed
 

COVID-19 AND FRUSTRATION OF CONTRACTS

  • Section 57 (2) Contracts Act 1950 – Frustration
  • Doctrine of Frustration of Contract and `COVID-19
  • The test for Frustration
  • Underlying Theories – The just solution theory
  • COVID-19 - Impossibility of Performance & Unlawful to Perform?
  • 3 Major elements in Frustration – Is COVID-19 within these elements?
  • Remedies available to the parties to Frustration
3.45

COVID-19 - TERMINATION CLAUSES IN CONTRACTS AND REMEDIES

  • Differentiating Termination for Breach from Discharge under the Contracts Act 1950
  • Termination & COVID-19
  • Grounds for Termination
 

NEGOTIATING YOUR CONTRACT POST COVID-19

  • Keep your Contract alive (if that is your intention)
  • Generate a range of possible options
  • Separate people from the problem
  • Focus on the interests of both parties
  • Use fair standards and procedures
  • Apply a compromise approach
  • Formulate a New Agreement
  • Make sure the agreement is fully executed
5.30 End of Course