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

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25 June 2010
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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
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Date: 26 & 27 July 2010
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