Negotiating & Drafting Contracts for Commercial Success

Introduction

Effective negotiation and precise drafting of commercial contracts are fundamental to building strong business relationships and minimising risk. As commercial environments evolve, driven by shifting markets, regulatory changes, and technological innovation, legal professionals must ensure that their contract skills are sharp, practical, and forward-looking.

Recent updates in contract law - such as evolving good faith obligations, challenges around digital contracts, and important judicial interpretations - make it essential to revisit negotiation tactics and drafting best practices.

This session will equip participants not only with the tools to draft clear, enforceable agreements but also with proven negotiation tactics drawn from real-world examples. Attendees will leave better prepared to secure favourable outcomes, protect client interests, and troubleshoot tricky clauses that often lead to disputes. Practical templates, tactical negotiation strategies, and drafting tips will be shared throughout.

What You Will Learn

This live and interactive course will cover the following:

• The key stages of effective contract negotiation and how to prepare strategically
• Specific negotiating tactics including:
• Anchoring and framing techniques to influence the starting point of negotiations
• The ‘split the difference’ trap and how to avoid unnecessary concessions
• BATNA (Best Alternative to a Negotiated Agreement) analysis to strengthen your position
• Trading concessions effectively - how to give without giving away too much
• Using deadlines and time pressure to your advantage
• Common negotiation pitfalls and how to avoid them
• Techniques for handling counterparties with greater bargaining power (e.g., multinational suppliers)
• Insights into how recent case law developments affect contract drafting
• Drafting techniques for critical clauses, including limitation of liability, termination, warranties, and indemnities, with examples of strong vs. weak drafting
• How to future-proof contracts: dealing with force majeure, sanctions, and digital contracting trends
• Tips for cross-border contract negotiations and jurisdictional considerations
• A checklist of essential terms every commercial contract should address

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.