Description:
Important Attributes
- Extensive specialist experience as a Contracts and Procurement Lawyer in large Multinational Companies with expertise in the areas of international contracts and imports of Capital Goods and materials.
- Experience in directly managing and handling complex contracts, such that the candidate has the expertise of the financial/commercial/operational/technical/contractual/regulatory risks involved, ways to mitigate those risks, critical terms, and conditions.
- Typically, detailed provisions related to operational and financial governance of the contract performance liquidated damages related to non-performance, warranties, and performance guarantees, passing of the title and risks, financing, governing laws and arbitration, typical payment terms structure, financial/corporate guarantees, encumbrances and covenants, intellectual property rights and confidentiality, sharing of risks amongst multiple parties in case of complex contracts, etc.
- Extremely good understanding of legal, commercial, financial, operational, governance, and risk management aspects related to commercial contracts and their implementation.
- Expert-level drafting, negotiation, and advocacy skills.
- Extremely good communication skills as an Advocate
- Understand facts, about the pertinent legal issues and suggest solutions to reduce risks in a proactive manner.
- Keep abreast of legislative and regulatory changes in the relevant Sectors/Industries being managed as a corporate lawyer.
- Trusted Advisor to the Company on business transactions and suggested a way forward to reduce risks and be commercially and legally prudent.
- Well-versed in handling claims, change orders, extra claims, liquidated damages, and suggested resolution mechanisms.
- Maintain good relations with Advocates/Lawyers, briefing the Counsel and suggesting the Company's viewpoint.
- Should have a business-friendly and litigation-avoidance approach.
- However, should have experience in supporting litigation proceedings as a solicitor if not as a barrister.
Key Professional Functions
- Drafting, reviewing, and Negotiating Contracts related to FMCG, IT, Procurement, Commissioning, and Agreements with Vendors for Procurement of Materials and Services including imported capital goods and materials, Technology Licensing Agreements, Joint Venture Agreements, Sales and Off-take agreements, Financing Agreement, etc.
- Creating and administering processes for governance, compliance, and risk management in connection with the provisions in the various contracts mentioned above.
- Planning and implementing procedural actions to support the implementation of commercial contracts.
- Negotiating contracts with customers, business partners, vendors, and regulators
- Some experience in Mediation and Arbitration
- Dealing with Regulatory Authorities and public sector undertakings' executives and staff
- Providing or procuring Legal Opinions on associated matters related to Commercial Laws, Financial Laws and Regulations, Tax Laws, and/or specific Transactions.
- Explain and present legal issues and matters to Business Executives in business language devoid of legal jargon, as well as incorporate business and technical perspectives when dealing with legal matters.
Professional Experience:
- Between 5 to 10 years of experience in a reputed firm of Solicitors or Corporate House, with specialist experience as a Corporate Lawyer in large Companies preferably supporting FMCG and IT Industries.
- Deep expertise and practical experience in applicable Laws including statute law, secondary legislation, and jurisprudence.
- Some practical experience in dealing with commercial laws and corporate laws of India, Myanmar, and Singapore.