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DOCC Webinar Series Report

A two-part webinar series on drafting commercial contracts was conducted by Manish Dembla of Kochhar & Co. for the Burnished Law Journal and University of Mumbai Law Academy. The series covered key concepts in contracts like representations, warranties, and conditions. It also discussed underlying principles for drafting contracts like understanding client objectives, tax consequences, interpretation, dispute resolution, and legal requirements. Mr. Dembla emphasized using simple language over legal jargon and provided a checklist for drafting contracts. Participants were able to ask questions throughout and access recordings of the webinar series.

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Nek Puri
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57 views2 pages

DOCC Webinar Series Report

A two-part webinar series on drafting commercial contracts was conducted by Manish Dembla of Kochhar & Co. for the Burnished Law Journal and University of Mumbai Law Academy. The series covered key concepts in contracts like representations, warranties, and conditions. It also discussed underlying principles for drafting contracts like understanding client objectives, tax consequences, interpretation, dispute resolution, and legal requirements. Mr. Dembla emphasized using simple language over legal jargon and provided a checklist for drafting contracts. Participants were able to ask questions throughout and access recordings of the webinar series.

Uploaded by

Nek Puri
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Two- Part Webinar Series on Drafting of Commercial Contracts

The Burnished Law Journal, in association with the University of Mumbai Law Academy,
conducted a two-part webinar series on Drafting of Commercial Contracts. This workshop
was conducted by Manish Dembla, a partner at Kochhar & Co, on the 26th and 27th of May
2020.

Right off the bat, Mr. Dembla presented a very thought-provoking question to the audience-
“Why do I need to learn how to draft contracts?”, and while he immediately followed that up
with extremely sound reasoning, the question remained to be an underlying theme of sorts
during the course of the webinar series. The series covered the meaning and importance of
certain key concepts, namely- Representations, Warranties, Indemnities, Covenants, Rights,
Conditions, among others, followed by certain underlying principles that should be
considered while drafting contracts.

These principles ranged from understanding the objectives of the clients and the commercial
understanding that the parties have arrived at, whether said commercial understanding is
consistent with the law, to whether or not there are any suitable alternatives that can be
resorted to in-order to fulfil the requirements of the client.

Further principles that were highlighted and elaborated on included

• the understanding of any tax consequences that would be involved and how they
could be minimized
• the method(s) in which the contract could be interpreted by those implementing it, and
even the courts/arbitral tribunals and/or government authorities
• any loopholes that could be exploited by a party to wriggle out of the contract
• circumstances during which performance could be excused and/or the contract could
be terminated
• whether time should be stated to be the essence of the contract and the remedies
available if time-bound contractual agreements are not performed
• the governing set of laws that would apply to the contract
• dispute resolution mechanisms that may be resorted to in case required, and
• the legal requirements that are to be fulfilled, if any.
Furthermore, the participants were informed about the essential content headings and sub-
headings which are to be included in contracts that are being drafted. These ranged from the
introductory section of the contracts, to the operative provisions, the boiler plate clauses, the
signature block, and the exhibits/schedules/annexures to be attached.

Mr. Dembla stressed on the importance of wording contracts in as-simple-as-possible


language and terminology, and not over-the-top legal jargon and technical terminology;
stressing that the contracts must be easy to interpret by all those who try to make an attempt
to read and understand them.
A pleasant surprise was his insight and advice on making to-the-point, clutter-free,
aesthetically appealing contracts, along with tips on leveraging MS Word and its features to
create crisp, well structured drafts.

What really worked for this webinar series was the method by which Mr. Dembla solicited
and answered questions from the participants. Rather than the usual and often seen method of
taking limited questions towards the end, it was a common occurrence to witness questions
being fielded during and between key points of his address.

The webinar series concluded with Mr. Dembla providing access to a checklist that he
follows while preparing contracts. This checklist was made available to be downloaded by
the participants and it was a perfect end to a well conceptualized and executed webinar series,
leaving those of us in attendance with a document that can aid us exponentially should we
choose to refer to it.

Note: The Burnished Law Journal has also made available the recordings to this webinar
series on their YouTube page for accessible reference.

-
by Nek Puri
F.Y. B.B.A.L.L.B. (Hons.)
University of Mumbai Law Academy.

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