Contractual Clauses : Supremacy Of Governing Laws

Viis-a-vis
Arbitration Clause : Appeals In Arbitration
11th / 12th April 2017, Mumbai. 20th / 21st April 2017, Chennai.

24th / 25th April 2017, Delhi.

OBJECTIVES : METHODOLOGY :

a To attain clarity and understanding the a Basic Principles of contracting.

nuances in various clauses in a contract.
a Comprehensive coverage of all the clauses in a
a To build-in appropriate remedies and contract, with real life examples.
safeguards against possible differences.
a Presentation of Flaws in contracts committed
a To eliminate flaws normally committed in in Government, Public Sector and Private
drafting contracts-Public Sector and Private Sector.
Sector.
a Presentation of subject wise changes made in
a To a c q u i r e k n o w l e d g e a b o u t t h e the Arbitration and Conciliation Act 1996.
mechanisms available for dispute resolution
a Presentation of Case Studies in respect of
and the latest amendments to the
clauses in a Contract-Judicial Pronouncements.
Arbitration and Conciliation Act, 1996.
a Legal position about Supremacy of WHO SHOULD ATTEND :
Arbitration clause over Governing Laws.
a To be aware of Judicial pronouncements Senior Executives, Supervisors, Managers in
about Bank Guarantees, Liquidated Engineering, Procurement, Finance and Legal
Damages, International Commercial disciplines involved in Procurements, Projects,
Arbitration. Contract Negotiations and Contract Management
in Public and Private Sectors.

Tel : +91 22 6522 8828

Mob : +91 9769545325

E-mail :rishab@hmg.org.in / hrdind@hmg.org.in

 Contractual Clauses : Supremacy Of Governing Laws
Viis-a-vis
Arbitration Clause : Appeals In Arbitration
Meet Your Expert Coach :
Shri. B. S. Ramaswamy

Shri. B. S. Ramaswamy is a B.Sc., B.Com., FCMA and underwent a Two Year Graduate Engineer Course in Aeronautical
Engineering. He was a Senior Officer of the Indian Audit & Accounts Service, before retirement. He has held responsible
positions in Public Sector and has also audited the accounts of Public Sector Undertakings for several years. He was Joint
Secretary in the Ministry of Finance (Defence) for 5 years and Director General, Employees' State Insurance Corporation in
the rank of Additional Secretary under the Ministry of Labour. His last assignment was Additional Secretary to the
Government of India & Financial Adviser to the Ministry of Steel & Mines.
He underwent a four month course on “Project evaluation Planning and Control”, in the Strathclyde University,
Glasgow, UK.
Shri. Ramaswamy, is one of the very senior members of the Institute of Cost Accountants of India and is perhaps the
Senior-most Cost Accountant in the country today.
He has served on many Committees of Government from time to time. He has been a Director on the Boards of several
Public Sector Undertakings, including Steel Authority of India Limited, Rashtriya IspatNigam Ltd., Vizag, National
Aluminium Co. Ltd., Hindustan Copper Ltd., Hindustan Zinc Ltd., MazagonDock Ltd., Bharat Earth Movers Ltd. and
Kudremukh Iron Ore Co. Ltd.
After retirement he has worked as Adviser to SAIL, and in some Private Companies, voluntary Organisations and
Autonomous Organisations and has laid down Accounting, Costing, Budgeting and Management Information Systems and
conducted Training Courses both in India and abroad. He has laid down a Costing System for Workshops and Foundries of
SAIL, Industrial Pumps (Component and Assembly Costing) manufactured by a company and for paper and non-paper
products produced and sold by an NGO. He has been a Consultant to National Institute of Financial Management (NIFM)
and has completed two assignments on behalf of NIFM, for Indian Council of Agricultural Research, on Financial
Management Reforms and Delegation of Powers. As Consultant, he has also designed Management Development
Programmes on Accounting Reforms for Central Autonomous Organisations and Urban Local Bodies and delivered
lectures.
He has also updated the Cantonment Account code, 1924 for the Defence Land and Cantonment Department.
He has helped CSIR, ICAR, Indian Institute of Science, Bangalore, Indian Institute of Technology, Delhi, Indian School of
Mines University, Dhanbad, Mizoram University, Rajiv Gandhi University, Arunachal Pradesh, Hyderabad University,
School of Planning & Architecture, New Delhi and Central University, Srinagar in the conversion of their Accounts to
Accrual System.
He has written Accounts Manuals for IIT Delhi, National Productivity Council and World Wide Fund for Nature India. He has
investigated Time and Cost overruns in several Projects in two large Public Sector Undertakings.
He is a member of the Finance Committees of Central Agricultural University and Rani Laxmi BaiCentral Agricultural
University, Jhansi.
He has negotiated a large number of contracts during the service and has been delivering lectures on this subject for over
25 years.
He has authored a book on “Contracts and their Management”, published by Lexis Nexis Butterworths.
He has also authored a book on “Accounts of Central Autonomous Organisations and Universities” published by
TAXMANN publications.

Tel : +91 22 6522 8828

Mob : +91 9769545325

E-mail :rishab@hmg.org.in / hrdind@hmg.org.in

 Contractual Clauses : Supremacy Of Governing Laws
Viis-a-vis
Arbitration Clause : Appeals In Arbitration
Event Flow

Agreements and Contracts : a Dispute Resolution Mechanisms.

a Differences.
a Arbitration.
General Principles in Contracts.
a Conciliation.
Important Contractual clauses, concepts and
legal issues : a Expert View - in Public Sector.
a Price Basis and Base level.
a Terms of payment. a Expert View - in Private Sector.
a Bank guarantees with case study.
a Important Amendments in Arbitration and
Amendment to Section 28 of the Indian Contract Act :
Conciliation Act (2016).
a Illegal reduction of limitation period.
a Made legal for Bank guarantees and financial
a Changes in the meaning of Public Policy in
guarantees subject to condition.
India with Case Studies.
Mode of payment - Letters of credit - Confirmed and
Unconfirmed.
a International Commercial Arbitration.

Force Majeure with Case Study.
Liquidated damages with Case Studies.
Effective Contract Management :
a Letters of Intent.
a Letter of acceptance with case study.
a Significance of Seat and venue with Case
Studies.
a Supremacy of Arbitration Clause over
Governing Law with Case Studies (Yograj).
a Appointment of Arbitrators (Case Study.)

a Assignment of Contract - Effect on Arbitration

Clause (Case Study).

a Appears in Arbitration (Case Study).

Programe Schedule
09:00 am Registration and Break Fast
09:30 am Workshop Commences
11:00 am to 11:15 am Tea Break
01:00 pm to 02:00 pm Lunch
03:30 pm to 03:45 pm Tea Break
05:30 pm Course Ends

Tel : +91 22 6522 8828

Mob : +91 9769545325

E-mail :rishab@hmg.org.in / hrdind@hmg.org.in

 Contractual Clauses : Supremacy Of Governing Laws
Viis-a-vis
Arbitration Clause : Appeals In Arbitration
Name:
Register Now
Contact Sales at HMG
Position:
202, Rajesh Centre, Level 2, Opp. Reliance Energy,
S.V. Road, Andheri (West), Mumbai - 400 058.
E-mail:
Tel: +91 22 6711 2444
Mob: +91 9769545325
Name:
E-mail:rishab@hmg.org.in / hrdind@hmg.org.in

Position:

E-mail: 11th / 12th April 2017, Mumbai.

Name:

Position:
20th / 21st April 2017, Chennai.
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Organisation:

Address: 24th / 25th April 2017, Delhi.

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Nature: 2. Payment Terms: Following completion and return of the registration form full payment is required within 5.
days from receipt of invoice. PLEASE NOTE: payment must be received prior to the conference date. A
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disappointment. A 50% cancellation fee will be charged under the terms outlined below. We reserve the
right to refuse admission if payment is not received on time. Unless otherwise stated on the booking form
payment must be made in pounds sterling.
Signature: Date: / / 3. Cancellation/substitution: Provided the total fee has been paid substitutions at no extra charge up to 14
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subject to an administration fee of equal to 10% of the total fee that is to be transferred. Otherwise all
bookings carry a 50% cancellation liability immediately after a signed sales central has been received by
This booking is Invalid without a signature. HMG (as defined above). Cancellations must be received in writing by mail or fax six (6) weeds before the
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the client agrees that in case of dispute or cancellation of this contract that HMG will not be able to mitigate

` 21,500/- Per Delegate its losses for any less than 50% of the total central value. If for any reason HMG decides to cancel or
postpone this conference HMG is not responsible for covering airfare hotel or other travel costs incurred by
clients. The conference fee will not be refunded but can be credited to a future conference. Event
programme content is subject to change without notice.
+ 15% Service Tax as Applicable 4. copyright etc: All intellectual property rights in all materials produced or distributed by HMG in connection
with this event is expressly reserved and any unauthorized duplication publication or distribution is
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6. Important note: While every reasonable effort will be made to adhere to the advertised package, HMG
Tel : +91 22 6711 2444 reserves the right to change event dates sites or location or omit event features or merge the event with
another event as it deems necessary without penalty and in such situations no refunds part refunds or
Mob : +91 9769545325 alternative offers shall be made. In the event that HMG permanently cancels the event for any reason
whatsoever (including but not limited to any force majeure occurrence) and provided that the event is not
E-mail: rishab@hmg.org.in / hrdind@hmg.org.in postponed to a later date nor is merged with another event the Client shall receive a credit note for the
amount that the Client has paid to such permanently cancelled event valid for up to one year to be used at
another HMG event. No refunds part refunds or alternative offers shall be made.

HMG 7. Governing law: This Agreement shall be governed and construed in accordance with the law of India and
the parties submit to the exclusive jurisdiction of the Indian Courts in Mumbai. However HMG only is
entitled to waive this right and submit to the jurisdiction of the courts in which the Client's office is located.