Course details

Overview ?

Course Overview

'International Joint Ventures and Strategic Alliances' has been set up to focus on the key legal, commercial and financial aspects of setting up international joint ventures and alliances. The Course Director will explain how to avoid problems and ensure success from the outset - from the strategic planning and negotiating phase through to the drafting and implementation of the contracts and the period of integration.

Summary of course content

The key business factors and objectives behind international joint ventures and alliances
Considering and analysing sample agreements
How to use world-class negotiation strategies to get the deal right from the outset
Understanding and drafting the agreements involved
The best methods of funding international ventures
Protection and management of existing and new technology in the venture
The management of disputes
How to deal with the post-signature practical implementation of the agreement

Methodology

The course is designed to be highly practical and features a number of 'hands-on' workshop sessions.

Who should attend this training course?

In-house lawyers
Contract/documentation drafting personnel
Risk managers
Commercial directors and managers
Managing directors
Finance directors
Business development executives

Outline

Different routes to venture and collaborate

Preliminary questions
Deciding structure – advantages and disadvantages
Limited liability company
Partnership – limited/unlimited
Contractual
Strategic alliances
Multi party ventures

Structuring the venture

Key business factors and objectives
Control and direction - the role of directors
Employees
Funding methods

Legal and regulatory issues

Financial authorities
Boycotts trade embargoes
Government consents and approvals

Managing the negotiation

Cross cultural issues
Styles and techniques
Communication
World class negotiation strategies

Drafting the agreements (part 1)

Pre-contract agreements
- Types of pre-contract documents
- Duty of good faith
- Letters of intent
- Memorandum of Understanding
- Intention to proceed
- 'Subject to contract'
- Governing law - choice and impact
- Advice to negotiators

Due diligence

Partners
Strategic and commercial
Financial

Confidentiality agreements – drafting workshop

Purpose
Types of information they protect
Causes of breach
What information cannot be disclosed
Enforcement
Different jurisdictional approaches

Drafting the agreements

Negotiating and drafting the joint venture agreement – general terms
- Role of partners
- Exclusivity provisions
- Exit provisions
- Choice of law
- Accounting and currencies

Key problem clauses

Interpretation clauses
Roles and obligations
'Best Efforts' and 'Reasonable Care'
'Best Endeavours' and 'Reasonable Endeavours'
Penalty clauses
Limiting liability
Assignment clauses

Exit strategies and dispute resolution

Drafting dispute resolution clauses
Choice of law
Pre-action negotiation and mediation
Arbitration

Enforcement of awards and judgments

Day 1

Day 2

Day 3

Day 4

Day 5

Training Methodology

Course name

Duration

City

Price