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Contracting excellence

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Asia Conference on …

Asia Conference on
Contracting Excellence
Optimizing Performance of Contract & Minimizing Business Risks


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  • 1. Register by 25 June 2010 A Bridge Knowle Events Company + SAVE USD 200 Asia Conference on Contracting Excellence Optimizing Performance of Contract & Minimizing Business Risks 26 & 27 July 2010 ► Parkroyal Kuala Lumpur, Malaysia Faced with lingering economic uncertaincy and heightened business risks, The Line-Up of Regional Industry Experts: organizations today are under increasing pressure to develop and execute strategies for continuous improvement in performance, mitigate business Michal Zieba risks and ensure financial accountability. Managing Director Strategic Negotiations Ltd The complex business environment today also requires executives and top United Kingdom management ensure that their business contracts offer ample protection to the company while maximizing performance of the deal. Jasmine Karimi President Join this Premier Conference for the latest in: Hong Kong Corporate Counsel Association Hong Kong  Contracts Outsourcing  Payment Protection Strategies  e-Contracts and e-Commerce laws  Managing Contract Life Cycle  Vendor Management  Long terms contracts management T Subramaniam  Mediation & Dispute Management  Risks Management Director ITC School of Laws Singapore Key Highlights Catherine Tay Swee Kian ► Develop the process to plan a contract much in advance Department of Strategy & Policy ► Set the high standards of documentation and drafting of agreements National University of Singapore (NUS) of win – win nature Singapore ► Strategize negotiation with vendors at different stages of contracts ► Develop a long term relationship with vendors to maintain business benefit and value Sukumar Narasimhan ► Formulate effective Alternative Dispute Resolution into commercial Senior Vice President contracts Reliance Group of Industries ► Specify needs in controlling liability through contracts while India stressing on indemnities ► Identify areas of innovation in entire contract management process Kumar Sambasivan and managing creativity Vice President, Legal ► Implement communication strategies for better coordination with Suzlon Energy Ltd internal teams and external parties India ► Understanding aspects of e- Commerce law ► Draft International Contracts understanding laws and global procedures for your organization Dax Lim Solicitor Watson, Farely and Williams Singapore Who Should Attend? Directors, Vice Presidents, In–charges, Managers responsible for contract Makrand Inamdar drafting, review and negotiation: General Manager  Commercial Heads  Corporate Legal Counsel Reliance Group of Industries  SCM Heads  Chief Counsel India  Marketing  Group Head of Legal  Business Supports  Head of Legal  Risk management  Chief Legal Advisors Loong Seng Onn  Contract management  Company Secretaries Executive Director  Project Heads  Chief Compliance Officers Singapore Mediation Centre (SMC)  Procurement  Senior Legal Practitioners Singapore  Sourcing  Legal Consultants  Government & Agencies  Lawyers
  • 2. Asia Conference on Contracting Excellence Optimizing Performance of Contract and Minimizing Risks Monday, 26 July 2010, Parkroyal Kuala Lumpur, Malaysia Day 1 8:30 am Registration 12:45 pm Networking Lunch 9:00 am Welcome remarks from the chairperson 1:45 pm Outsourcing Legal Contracts & Legal Process Outsourcing Sukumar Narasimhan Senior Vice President  Ethical and Security considerations in Legal Process Reliance Group of Industries, India Outsourcing  Cost reduction benefits and opportunities in a recession hit economy 9:15 am Aligning Business Life Cycle with Contract  First Level Document Review as a key cost factor in Life Cycle litigation  Jurisdictional concerns in Legal Process  Exploring various stages of contract life cycle and Outsourcing comparing it with business cycle  Ensuring more control and better compliance T Subramaniam throughout the contract life cycle Director  Implementing “contract calendaring” for better ITC School of Laws, Singapore corporate Governance. Jasmine Karimi 2:30 pm Mediation…Effective & Efficient Dispute President Management Hong Kong Corporate Counsel Association, Hong Kong  Formulate effective Alternative Dispute Resolution into commercial contracts  Avoid dragging matter into the courts and equipped 10:00 am e-Contracts and e-Commerce Laws with better techniques of conflict resolution  How mediation can be a useful tool to manage  Drafting and writing the legal contract business disputes and about incorporating  e-offer, e-acceptance, contracts by e-mail mediation clauses in contracts  The pitfalls of misrepresentation, illegality and void contracts, mistakes, duress and undue influence Loong Seng Onn Executive Director Catherine Tay Singapore Mediation Centre, Singapore Department of Strategy & Policy National University of Singapore, Singapore 3:15 pm Afternoon Refreshments / Networking Break 10:45 am Morning Refreshments / Networking Break 3:30 pm Maximizing Revenue and Minimizing Risks Through Immaculate Contract Drafting 11:15 am Acknowledging the Role of Communication  Top 10 mistakes that occur while precise drafting of  Implementing proper documentation, communication contract and their consequences policies and procedures  Effectively managing Issues of contractual  Briefing the responsible department and job titles on enforceability the importance of drafting proper and contractual  The importance of proper execution of contracts notices  Improving the usage of English language in contract Dax Lim drafting to deliver the right content and means of Solicitor business Watson, Farely and Williams, Singapore Kumar Sambasivan Vice President (Legal) Suzlon Energy Ltd, India 4:15 pm Developing Strategic Contractual Provisions and Tips to Protect Payment 12:00 pm Vendor Management and Negotiation  Gross contract price v/s margins- define terms and conditions Strategies for Long Term Retention  Techniques to limit the client’s right to deduct set off or withhold the payment.  Negotiating with vendors to receive the best pricing  Outlining conditions of post termination rights to and terms payments.  Re- Negotiation of contracts and winning vendor’s  Defining scenario in which all payments are payable confidence and not payable.  “Timing is everything” – understanding approach in vendor negotiations Makrand Inamdar General Manager Michal Zieba Reliance Group of Industries, India Managing Director Strategic Negotiations Ltd, United Kingdom 5:00 pm Day One Close
  • 3. Asia Conference on Contracting Excellence Optimizing Performance of Contract and Minimizing Risks Tuesday, 27 July 2010, Parkroyal Kuala Lumpur, Malaysia Day 2 8:30 am Registration 12:45 pm Networking Lunch 9:00 am Opening Remarks from the Chairperson 1:45 pm 4 - Negotiation Strategies in Contract Negotiations Michal Zieba Managing Director  Contracting as a bargaining process Strategic Negotiations Ltd, United Kingdom  Negotiation Strategies for short term contracts  Negotiation Strategies for long term delas 9:15 am Developing and retaining contractors’ Supported by exercise confidence in business through value creation 2:30 pm 5 - Value at Stake in Contract Negotiations  Managing challenges of multiple client – vendor performing relationship  Keeping Value attached to your contracts  Strategies for ensuring long term strength and  Value creation stability in client contractor relation.  Preventing value leakage  Developing KPI’s and performance evaluation  Concession strategy in contract negotiations system for contractors 3:15 pm Afternoon Refreshments / Networking Break Sukumar Narasimhan Senior Vice President Reliance Group of Industries, India 3:30 pm 6 - Contract Negotiation Tactics  Opening, middle and closing phase negotiation 10.00 am 1 - Effective Contract Negotiations tactics  Value orientated negotiation tactics  A framework for defining negotiation goals  Distributive negotiation tactics  Request for Proposals  Negotiation Preparation, Engagement and Review Supported by exercise cycle 4:15 pm 7 - Creating a Blueprint for Contract 10:45 am Morning Refreshments / Networking Break Negotiation Supported by exercise 11:15 am 2 - Planning for Negotiation - Negotiation Preparation Module 1 – 7 Training Leader  Understanding the scope of negotiations  Deal Objectives definition  Concession strategy planning This special “in-conference” session would be conducted by an invited expert in the area of Supported by exercise contract negotiation, strategies and tactics. Michal Zieba is a top consultant based in UK with 12:00 pm 3 - Managing Complex Negotiations many blue-chip companies under his list of clientele. His proprietory negotiation models  The negotiation agenda enable you to mazimise bottom-line impact while ensuring a unique negotiation capability  Derivation of the negotiation agenda development.  Content of the negotiation agenda  Negotiation Engagement  Opening, Conducting and Closing negotiation Supported by exercise 5:00 pm Q & A Session – Conference Close After the conference, you would be able to: Register Early by 25 June to get a free international  Implement a plan while working on minute details of all aspects of contract ahead of business cycle best-seller on Corporate  Achieve International quality in your documentation styles and drafting of agreements with specifics Negotiations !  Empower yourself with better skills of practical negotiation  Implement better practices of vendor relationship with better prices and terms and conditions for long term  Avoid dragging matter into the courts and equipped with better techniques of conflict resolution  Minimize liabilities of third party mainly with your contract  Apply principles of creativity and bring innovation in action in day to day practices  Know communication process and compare with your current process enabling you to make it more accurate and faster  Implement effective e- contract management techniques  Achieve understanding of borderless trades and procedures and terms, conditions and agreements accordingly
  • 4. Speaker’s Profile Dax Lim Solicitor Watson, Farely and Williams, Singapore Michal Zieba Dax joined Watson, Farley & Williams in July 2009 as an associate in the Managing Director International Corporate Group. His area of expertise covers mergers & acquisitions, Strategic Negotiations Ltd, United Kingdom joint ventures, corporate restructuring, transactional work and corporate advisory matters. He has advised on a wide spectrum of commercial issues in sectors such as Michal Zieba is a Managing Director of Strategic Negotiations Ltd a specialist transport and shipping logistics, employment and information technology and negotiation consulting and training organization headquartered in London, telecommunications. He has advised GC Rieber Shipping ASA in a complex multi- specialising in the design, delivery and support of customized in-house negotiation jurisdictional transaction which involved the restructuring of the ownership structure solutions. Possessing a Masters Degree in Negotiation, for the last 6 years Michal and financing of Bluestone Offshore Pte Ltd and its subsidiaries. Followed by an has focused extensively on solutions development in the area of corporate advisory role to an international funds house (specializing in closed-end funds in negotiation capability, strategies and supporting toolsets. Michal has been shipping and transport logistics) in relation to numerous multi-million dollar container instrumental in integrating leading practice negotiation strategies with sales and acquisitions and transport related projects. Prior to joining the firm, Dax was with the procurement processes within some of the large global organizations. Michal has Corporate and Finance department in Drew & Napier LLC and has acted for high delivered business negotiation training & consulting assignments globally for profile clients including banks, multinational companies, SGX-listed companies and organizations such as GKN Driveline, DHL, Network Rail, Nycomed, Adidas, Tom various government linked corporations. Tom and others. Dynamic and passionate about business negotiation, Michal is planning to invest part of his energy in obtaining a Doctorate in Business Administration with a focus on the strategic negotiation levers present in high value & T Subramaniam complex business negotiations Michal has published several white papers on cross Director cultural negotiation and is considered an expert in both sales & purchasing ITC School of Laws, Singapore negotiation where complexity has a strong impact on negotiated outcomes. Mr Subramaniam is a graduate of the University of London and a Barrister at Law called to the Bar of England and Wales in 1996. He is an Advocate and Solicitor who Jasmine Karimi was called to the Singapore Bar in 1998. Mr Subramaniam was a practitioner and a President partner of a private law firm from 1998 to 2005. Mr Subramaniam has extensive Hong Kong Corporate Counsel Association, Hong Kong experience in the field of contract litigation as well as contract drafting. He is currently Senior Corporate Counsel a full-time lecturer and MOE registered tutor at ITC School of Laws. In addition, Mr Subramaniam also teaches Company Law at the School of Professional Education Spotless Plastics (HK) Ltd (Braiform), Hong Kong and Executive Development of the Hong Kong Polytechnic University. He also Jasmine Karimi is Senior Corporate Counsel at Spotless Plastics (HK) Ltd. conducts numerous public talks and seminars on a wide spectrum of legal issues, (Braiform), a division of Australian and NZ listed Spotless Group. At Braiform, including speaking at charity events organized by the National Cancer Centre and Jasmine leads the legal and compliance functions for the business internationally, National Kidney Foundation amongst others. servicing operations in 32 countries. Jasmine also sits as part of Braiform's global management team. A seasoned in-house professional, Jasmine's in-house experience spans across multiple industries (media & entertainment, consumer Loong Seng Onn goods, insurance & retail) and jurisdictions (Europe, Asia & North America). Her Executive Director areas of expertise include Corporate / Commercial, IP, Media & Communications, Singapore Mediation Centre (SMC), Singapore Employment and Compliance law. Preceding her in-house career, Jasmine was a corporate and litigation lawyer at major law firms in Canada and Singapore. Jasmine Loong Seng Onn holds a concurrent appointment as a Director at the Singapore is a frequent speaker at industry and professional forums globally and has won Academy of Law. He is also one of the Directors on the Board of the International scholarships from the Canadian Women in Communications. She has an LL.B. Mediation Institute, a non-profit Foundation (Stichting) incorporated in The (Hons) from the U.K., and an LLM specializing in IP law from Canada. She is Netherlands. Seng Onn has mediated and resolved a great diversity of disputes. He admitted to practice law in England & Wales, Singapore, Upper Canada, and Hong is an Accredited Mediator of SMC and the Centre for Dispute Resolution in the Kong. United Kingdom. Seng Onn is an experienced trainer and has been involved as the lead instructor for many conflict management workshops and has delivered talks and conducted workshops in Austria, Cambodia, Fiji, Hong Kong, Indonesia, Malaysia, Catherine Tay Malta, the Philippines and United Arab Emirates. Seng Onn graduated from the Department of Strategy & Policy National University of Singapore with a bachelor’s degree in law in 1988. In 1989, he was admitted as an Advocate and Solicitor of the Supreme Court of Singapore. National University of Singapore (NUS), Singapore Prof. Catherine is an Advocate and Solicitor of the Supreme Court of Singapore. She is also a barrister-at-law (of Lincoln’s Inn, United Kingdom). Prof Tay is an author of Makrand Inamdar 29 law books. Prof Tay studied law at Queen Mary College, University of London and General Manager graduated with a Bachelor of Laws with Honours in 1977 and with a Master of Laws Reliance Group of Industries, India in 1979, in which she specialized in Company, Shipping, Insurance and Marine Insurance Laws. She was called to the English Bar by Lincoln’s Inn in 1978. She did Mac, as his colleagues know him, is a veteran in Supply Chain Management. He is a her pupilage under the Honourable Lady Mary Hogg in London. In February 1984 Statistics Graduate and Post Graduate in Marketing Management and Materials and July 1986, Prof Tay made representations to the Parliamentary Select Management, his work experience spans for almost 30 years in various leading Committee on the recent Companies (Amendment) Bills 1984 and 1986. Prof Tay organizations in India. Mac started his career with Godrej Soaps Limited and has also contributes to high-quality legal publications of local importance and relevance worked with the likes of Procter & Gamble, Parke-Davis, Warner-Lambert, Miebach such as “The Malayan Law Journal”, the “Securities Industry Review”, the “Singapore Consultants, and Kurl-On among others. In each organization he has a proven track Management Review” and “The Singapore Law Gazette”, an official publication of record of reducing Supply Chain costs and introducing various methods of process The Law Society of Singapore as well as “The New Gazette” (the official publication optimization. Currently he is working with Reliance Industries, the largest Private of The Law Society of Hong Kong). Sector Enterprise in India and a part of the elite Fortune 500 group globally as a General Manager (Supply Chain Management). A regular speaker at various International Supply Chain seminars, Mac has spoken as an expert in Supply Chain Sukumar Narasimhan Management at various summits at Dubai, Kuala Lumpur, Mumbai, and Chennai. Senior Vice President Reliance Group of Industries, India Kumar Sambasivan Currently Sr. Vice President, Supply Chain with Reliance Industries Limited, India’s Vice President, Legal Largest Private Sector enterprise, Sukumar has close to three decades of experience Suzlon Energy Ltd, India handling different segments of the Supply Chain both at the Operational & Strategic level in firms from diverse industry segments. Beginning his career with the Public Kumar started his career as an Advocate in the Office of AC Muthanna, Senior Sector HINDUSTAN COPPER, Sukumar has worked through organizations like Counsel at Madras High Court and was exposed mainly on the corporate side and NOVARTIS, PARKE-DAVIS & WARNER LAMBERT (now part of PFIZER). Among followed by managing legal affairs of TTK Group and GMR Group in the his other responsibilities, Sukumar has trained the company employees in TQM infrastructure. In GMR, he was working in the fast growing infrastructure sector like extensively earlier on, has worked in a consulting assignment with the erstwhile road projects of National Highway Authority of India (NHAI) and the Hyderabad PriceWaterhouseCoopers and with ORACLE in India as the Industry Expert for the International Airport Project apart from other projects and general corporate work. He Life Sciences and Consumer Products Group. Sukumar has also worked in the US has subsequently worked with HCL Technologies as the Legal resource for the with a SAP Certified Solution provider in Houston, Texas where he was involved with strategic business group of HCL which is into M&A, JV’s and high value contracting. the overall Operations Function of the firm. A Post Graduate in Economics and Later he joined Punj Lloyd an EPC major as Head-Legal. His last assignment was Masters in Marketing Management with a Post-Graduate Diploma in Materials with the Essar Group as a Deputy General Counsel where he was responsible for management, He was voted the BEST YOUNG MATERIALS MANAGER in India in managing the legal framework for the internal customers of Essar Projects. Kumar 1990, based on a competition organized by the International Federation for comes to Suzlon with a strong legal experience in drafting of Contracts, Risk Purchasing & Materials Management (IFPMM), Sweden and the Indian Institute of mitigation, Corporate & Commercial Law, Regulatory Compliance, Mergers & Materials Management (IIMM), Mumbai. Acquisitions, re-structuring and Litigation across the infrastructure, software and Engineering sectors.
  • 5. Asia Conference on Contracting Excellence GM131 26 & 27 July 2010, Parkroyal Kuala Lumpur, Malaysia REGISTRATION CONFERENCE DETAILS Call Us + 603 4270 3331 Asia Conference on Contracting Excellence (Mohammed Atif) Date: 26 & 27 July 2010 Fax + 603 4270 3059 Venue: Parkroyal Kuala Lumpur, Malaysia Email mohammed@bridgeknowle.com Venue Address & Contact: Mail Bridge Knowle Events (M) Sdn Bhd Parkroyal Kuala Lumpur B-8-3, Block B, Jalan Selaman 1 Jalan Sultan Ismail Dataran Palma, (Off Jalan Ampang) 50250 Kuala Lumpur Malaysia 68000 Ampang Tel: +603 2713 1333 Selangor, Malaysia DELEGATE DETAILS Complete this registration form and send it to us via Fax, Email or Mail. Once registration is received, we would send you the invoice for payment processing within 3 to 5 working days. ST 1 Delegate Name DELEGATE FEES Job Title Department Early Registration Regular Registration By 25 June 2010 After 25 June 2010 Tel Fax ○ Asia Conference on Contracting Excellence 26 & 27 July 2010 ○ Asia Conference on Contracting Excellence 26 & 27 July 2010 Email nd 2 Delegate Name USD 800 USD 1000 Job Title Department (Save USD 200 + Free Publication) Savings include Multiple Booking & Early Booking Discounts. All discounts can only be applied at the time of Tel Fax registration and discounts cannot be combined. All discounts are subject to approval. Please note the conference fee does not include travel or accommodation costs. USD 100 discount for third and subsequent Email delegates. rd 3 Delegate Name PAYMENT Job Title Bank Transfer: Please direct payment to: Department A/C Name: Bridge Knowle Events (M) Sdn Bhd Tel Fax A/C No: 1253-0014533-055 Email Bank: CIMB Bank Berhad COMPANY DETAILS FOR INVOICING / BILLING * For additional delegates, kindly photocopy this page Swift: CIBBMYKL Bank Address: 23, Jalan Mamanda 7/1, Wisma Ampang Triangle II, Ampang Point, Jalan Ampang, 68000 Ampang COMPANY DETAILS FOR INVOICING & BILLING Selangor Darul Ehsan, Malaysia Company Name ** Please forward the transfer remittance to your corresponding Bridge Knowle representative to confirm the payment transfer via fax: Company Address +603 42703059 or scan email to register@bridgeknowle.com Please note that payments must be received within 5 working days upon issuance of invoice Main Contact Person Additional Requirements Designation Please notify Bridge Knowle at least 2 weeks prior to the conference date if you have any additional requirements e.g. vegetarian, wheelchair access, large print etc. Tel Fax Cancellation Policy Any cancellation must be presented in writing to us at least 10 working days before the event else full Email payment will be imposed. A substitute delegate is always welcome at no extra charge. As per out policy, after 10 working days prior to the event, we will book and pay your seats as well as print your Authorized Signatory program documentations. If in case you fail to convey your dropping out from the program without suggesting replacement, you will be liable to reimburse us the full Delegate Fees as per this form. Travel & Accommodation Delegates are responsible for the arrangement and payment of their own travel and accommodation. Company Stamp Bridge Knowle has arranged a special room rate with a number of hotels. If you wish us to assist in your room booking, please call us. Disclaimer Bridge Knowle reserves the right to amend or cancel the event due to circumstances beyond its control. In the event of such, InteConference will provide an alternative arrangement to the delegates or full refund. Upon registration, you are deemed to have understood and agreed to the above terms and conditions.