About
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
Training Methodology
Pathways Training and consulting adopts the newest techniques of human resources Training and consulting and, with the following:
- Theoretical lectures are delivered via PowerPoint and visual displays (videos and short films)
- Making scientific evaluation to the trainee (before and after)
- Brainstorming and role-playing
- Using case studies related to the scientific material being delivered and the trainees' work.
- The participants get the scientific and practical material printed and on CDs and Flash memories.
- Preparing records and reports of the participants' attendance and results, with a general evaluation of the training program.
- A group of the best trainers and experts in all fields and specialties professionally prepares the scientific material.
- After finishing the course, the participants get certificates of attendance signed, certified, and issued by pathways Training and consulting.
- Our training programs start at 9:00 o'clock in the morning and end at 2:00 in the afternoon, with snack buffet during the lectures.
- Providing a lunch buffet during the training program period, with organizing a lunch party on the training program final day for taking some photos and certificate awarding.
