Description

Certificate in Business and Commercial Law (CBCL)

Why Attend

This course is designed for professionals with little or no prior legal background but who are required to make organizational decisions involving legal matters. It will provide participants with the fundamental principles of commercial law, including commercial contracts and negotiation, sale of goods, intellectual property rights and employee relations. It also covers all the legal aspects of setting up a business, running a business and closing a business

Participants will gain an in-depth understanding of international commercial law with emphasis on the common law system. Participants will have the opportunity to learn and analyze key legal issues regarding contracts and the business as a whole which they are likely to encounter within their organization.

Course Methodology

In this interactive training course participants will frequently work in pairs as well as in larger groups to complete exercises as well as regional and international case studies.

Course Objectives

By the end of the course, participants will be able to:

Apply legal rules and principles to speciï¬c commercial situations through consideration of relevant case law

Negotiate commercial contracts complying with commercial and legal requirements

Increase proï¬tability within their organization by selecting appropriate methods of distribution of goods

Recognize and analyze how intellectual property rights aï¬ect their organization

Evaluate and modify organizational employment practices complying with labor law requirements

Target Audience

This course is suitable for those with little or no formal training in commercial law yet would be required to understand the fundamentals of commercial law as it may directly impact their work. It will particularly beneï¬t directors and executives who have direct responsibility for legal decisions within the organization. In-house council new to the region, and those working within a legal department, will also ï¬nd this course highly beneï¬cial.

Target Competencies

Drafting Contracts

Contract Negotiation

Understanding Commercial Terms

Understanding Employment Law

Implementing Organizational Employment Practices

Understanding Intellectual Property

Understanding corporate restructuring

Understanding the effect of breach of commercial contract terms

Note

The Dubai Government Legal Aï¬airs Department has introduced a Continuing Legal Professional Development (CLPD) programme to legal consultants authorised to practise through a licensed ï¬rm in the Emirate of Dubai. We are proud to announce that the Dubai Government Legal Aï¬airs Department has accredited EMG Associates as a CLPD provider. In addition, all our legal programmes have been approved.

This PLUS Specialty Training Legal course qualiï¬es for 4 elective CLPD points.

Overview of commercial & business law

Areas of commercial and business law
Types of commercial contracts

Commercial contracts in the civil law and common law systems

Sources of English law
Civil law v Common law
Civil law in the GCC

Formalities for a binding contract

Elements required for an enforceable contract
Rules for contract interpretation

implied terms v express terms
identifying risks and how to minimise risks

Structure of a commercial contract

Preliminary documents in international transactions

Memorandum of Understanding/ Heads of Terms. Are they legally binding?
Commercial implications

Boilerplate/ miscellaneous provisions- the important but forgotten clauses- beware!

Force majeure v Frustration
Notices
Set oï¬
No waiver

Entire Agreement/ non- reliance clause
Times is of the essence

Assignment v Novation
Governing law

Common mistakes in choice of law

Jurisdiction clause

Exclusive v Non-exclusive
Factors in deciding the jurisdiction clause

International dispute resolution

Litigation
Importance of Alternative Dispute Resolution (ADR)

Arbitration
Mediations
Conciliation
Negotiation

Remedies for breach of contract

Damages
Specific performance
Injunctions

Advantages and disadvantages of different business forms

Types of business vehicles

Sole trader
Partnerships
Limited Liability Partnerships
Companies

Cross Border Transactions

Distributorship
Agency
Joint Venture
Acquisitions

Share purchase v Business purchase
Apportioning risks and liabilities through warranties and indemnities
Negotiating warranties and indemnities

Corporate insolvency

Tests identifying insolvency
Consequence for directors who fail to react to insolvency
Types of insolvency

Administration
Receivership
Creditor Voluntary Liquidation
Compulsory Liquidation

Commercial Tort

Tort of negligence
Defamation

Libel
Slander
Recent case law on defamation

Managing risk

Prevention is better than cure: Eï¬ective risk management

Intellectual Property Rights management

Types of Intellectual Property
copyright
trademark
patent
design rights
confidential information

Assignment v Granting a license
The law of passing off
Intellectual Property in the GCC

Employment law issues in the common law systems and the GCC

Types of employment contracts
Grounds for dismissal

Wrongful dismissal
Redundancy
Unfair dismissal

Commercial real estate in the GCC

Leasehold
Freehold

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Certificate in Business and Commercial Law (CBCL)

By EMG Associates UK Limited

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