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CONTRACT OPTIMIZATION:

Build Good Business Relationship in Contract Management !


Managing contracts from a whole new perspective after this conference
13th – 15th July 2010
Parkroyal Hotel, Kuala Lumpur
Share the latest insights and practical case studies from experts across Asia Pacific;
Learn how to build stronger relationship with business partners even in tough economic times
Saswata Mukherjee John J. Hagedorn
Corporate Counsel – Asia, Africa, Middle East, Turkey & Central Eastern Europe Professional trainer who has delivered programs in
Currently business partnering the supply management (procurement) function for 18 countries to more than 25,000 participants over the
the entire region with over 5 billion Euros past 20 years
Unilever Director, Training Facilitator

Zhihao Song
Harjono Zainal Abidin APAC Regional Strategic Sourcing Manager
Project management professional with contracts experience Specialist with vast experience in both oil & energy and
A specialist with more than 25 years of experience IT industry and has been working in sourcing strategies
Quorum Oil & Gas to save million dollars for the organization
Halliburton

K. Thavakumar Shurqiah Umamah


General Counsel Manager, Legal and Secretarial
Specialist with 11 years of experience working with the major key player in oil & Specialist with more than 15 years experience in various
gas industry - Shell Malaysia industries that include airlines, entertainment/media and
Shell telecommunications
TIME dotCom Berhad
G. Jean Kowalski Michael Lee, LL.M., Esq.
Expert in contract management with more than 25 years of experience Director
Capital Investments Contracting Partners U.A. Expert with first-hand experience and knowledge in
arbitration and litigation in Asia Pacific
Associate
The International Centre for Dispute
Resolution (ICDR)
Mohamed Azahari Jantan
Former Director-Commercial Asia Pacific in Acision Malaysia (UK based MNC) Nick Powell
Director
APAC Expert Consultant for commercial risk 12 years experience specializing in contracts management
management in engineering, construction, EPCC, at various stages
ICT and Oil & Gas industries Axiom

Bobby Varanasi Primila Edward


COP (Certified Outsourcing Professional) Senior Legal Consultant
Executive Director from Star Field Matrix with extensive years of experience President of Malaysian Corporate Counsel Association
in the offshore/outsourcing marketplace and strategy development (MCCA)

Chairman & CEO in Matryzel Consulting Inc Straits Consulting

Khaleel Namazie
Dadit Raditya Director
Contracts management professional 15 years of experience in law practice
Extensive experience and proven track records in managing complex multi-million
dollar contracts at Senior Manager/Vice President level
GR Law Corporation
Nokia Siemens Networks
Kamilah Kasim
Nick Ho Partner (Foreign Lawyer)
Contracts Manager Southeast Asia 2 decades of experience in law practice

Rockwell Automation Rajah & Tann

Benefits of attending:
• Sharpen negotiation skills for mutual value at post-conference workshop
• Gain valuable insights to best practices in pre-contract and post-contract that are often overlooked
• Learn tactics to prevent contract drawbacks
• Learn how to avoid disputes and reduce risks in contract management
• Opportunities to network with world-class speakers from various industries
• Strengthen vendor relationship management through tactics learnt in the conference
• Help to minimize time wastage on inefficient contract management and save production money
• Manage service level agreement and align it to your business objective

Organized by Tel:+607-2267352 Fax:+607-2267351


Contact us! Email: binjue.chua@toplink-asia.com
www.toplink-asia.com
CONTRACT OPTIMIZATION:
Build Good Business Relationship in Contract Management !
13th – 15th July 2010
Saswata Mukherjee
Corporate Counsel – Asia, Africa, Middle East, Turkey & Central Eastern Europe
Unilever
Saswata has been pro-actively handling issues, setting-up entire contracting structures and finalization of contracts with key suppliers across the world. Apart from that,
he is also in charge of the supply management (procurement) function for the entire region with an expenditure over 5 billion Euros. He was the legal lead for the
implementation of a project in Japan. His expertise includes drafting of contracts, negotiations, and finalization with third party service providers.

Presentation Topic: Keynote: Cross border contract optimization and risk minimization from legal perspective

Harjono Zainal Abidin


Project management professional with contracts experience
Quorum Oil & Gas
Harjono is a project management practitioner familiar with the oil & gas and telecommunications-IT industry with a specialty in planning, contracts administration and
risk management with more than 25 years of experience.

Presentation Topic: Contract management fundamentals from a project management point-of-view

Dadit Raditya
Contract management professional
Extensive experience and proven track records in managing complex multi-million dollar contracts at Senior Manager/Vice President level

Nokia Siemens Networks


Dadit Raditya is a contract management professional who has worked in world-renowned organizations in both telecommunications and banking Industries. He has
extensive experience and his employers include Bank Danamon Indonesia, Natrindo Telepon Seluler (Axis), Ericsson Indonesia, Jaya Teknik, PricewaterhouseCoopers
and IBM Indonesia.
Presentation Topic: Risk management: When bad stuff happens…

Zhihao Song
APAC Regional Strategic Sourcing Manager Specialist with vast experience in both oil & energy and IT industry and has been working in sourcing strategies to save
million dollars for the organization
Halliburton
Zhihao is a strategic sourcing specialist who has worked in both oil & energy as well as the IT industry in the Asia Pacific Region. Specializing in initiating and rolling out
sourcing strategies, Zhihao had achieved a significant APAC saving target of US$12million in 2007 and US$15million in 2008. He had also conducted reverse auction
that worth more than 80million. Various reports, scorecards & communication channels were developed to manage sourcing/procurement teams in the entire APAC
region effectively. He had worked with Hewlett-Packard, Agilent Technologies Singapore and SAP.

Presentation Topic: Service level agreement: Strategic sourcing makes an impact


Service level agreement: Strategic elements

K. Thavakumar
General Counsel
Specialist with 11 years of experience working in the major key player in oil & gas industry - Shell Malaysia
Shell
12 years of experience in litigation, domestic and offshore banking, corporate and commercial work. He joined Shell Malaysia in 2000 as a Senior
Counsel, Corporate & Company Secretarial. Since then, he has held various positions including Head of Legal in Shell Malaysia Exploration &
Production and taking charge of the downstream, GP and shared services legal advisory team. He was appointed as General Counsel in
August 2006.

Presentation Topic: Service level agreement: Effective management in SLAs to mitigate risks

Kamilah Kasim
Partner (Foreign Lawyer)
Rajah & Tann
Kamilah’s experience in the legal industry extends to over 2 decades of involvement on contentious and non contentious matters relating to construction,
energy and telecommunication projects in Asia. Kamilah has extensive experience in arbitration and litigation covering all aspects of building, engineering,
power and energy disputes.
Presentation Topic: Drafting an effective arbitration clause

Primila Edward
Senior Legal Consultant
Former Legal Advisor in Bumi Armada
Straits Consulting
As a President of the Malaysian Corporate Counsel Association, a member of the Malaysian Institute of Arbitrators (MIarb) and author on the chapter on Malaysia in
the publication Getting The Deal Through-Shipping 2010, Primila has extensive experience in negotiating and drafting contracts tailored for cross border transactions.
Her experience spans across both domestic and international cross border matters and multi-jurisdictional work specializing in the oil & gas, construction and maritime
industries.
Presentation Topic: Pre-contract and pos-contract best practices

Nick Ho
Contracts Manager, Southeast Asia
Rockwell Automation
Nick has a wide exposure in commercial and contract management as he was the Contracts Manager in GE Energy previously before moving to The NORDAM Group
to assist the Asia-Pacific Vice President with the responsibility for all contract negotiations. Today, Nick is the Contracts Manager for Rockwell Automation and he has
the primary responsibility in contracting, sales compliance and risk management activities in Southeast Asia and South Pacific & India as the second responsibility.

Presentation Topic: Maximize your return on investment (ROI) in contract management

Contact us! Tel:+607-2267352 Fax:+607-2267351 Email: binjue.chua@toplink-asia.com


CONTRACT OPTIMIZATION:
Build Good Business Relationship in Contract Management !
13th – 15th July 2010
G. Jean Kowalski
Expert in contract management with more than 25 years of experience
Capital Investments Contracting Partners U.A. Associate

In her 20 years of experience with Aker Solutions, Jean Kowalski had worked in senior legal positions in the Netherlands, China and Malaysia. She was the Senior Vice
President of Foster Wheeler Government Services Corporation in US in 1987. In 2004, she joined Aker Solutions in Shanghai as Vice President in Legal and
Commercial and moved to Kuala Lumpur as Vice President in Contracts and Commercial in Aker Solutions Asia Pacific in 2007. With more than 20 years of battlefield
experiences in contracts and commercial, Jean Kowalski provides professional legal and commercial consultancy services to various key industries such as
hydrocarbon, chemicals, power and environmental industries.

Presentation Topic: Risk management: Crucial factor affecting contract management

Michael D. Lee, LL.M., Esq.


Director
Expert with first-hand experience and knowledge in arbitration and litigation in Asia Pacific
The International Centre for Dispute Resolution (ICDR)
As a head of AAA/ICDR‟s Asia Office in Singapore, Michael is in charge of the Association‟s Asia region operation including China, Hong Kong, Taiwan, Korea, Japan,
India, Malaysia, Vietnam and many more. Through his experience as an International Case Manager at AAA/ICDR New York office, Michael benefits Asia legal
community with his first-hand experience and knowledge of its rules and procedures by sharing his experiences and expertise in conference and workshops. Michael is
also serving as a co-Chair of Legal Committee for AMCHAM (American Chamber of Commerce) Singapore.

Presentation Topic: Risk management: Avoid and resolve disputes

Mohamed Azahari Jantan


Former Director-Commercial Asia Pacific in Acision Malaysia (UK based MNC)
APAC Expert Consultant for commercial risk management in engineering, construction, EPCC, ICT & oil & gas industries

Azahari has more than 10 years of experience in contract & risk management in many world-renowned MNC such as KLCC Bhd, Putrajaya Holdings, Utusan Melayu
Malaysia, Sapura Technology, IBM Malaysia and Acision Malaysia (UK based MNC). He has gained significant experiences not limited to just IT industry, but in
construction, engineering, newspaper, telecommunications and oil & gas industries as well. He rolled out SEEQ process in APAC to facilitate efficiency in proposal
submission and provided internal assessment and contract/commercial risk management services for MNCs for many years.

Presentation Topic: Risk management: Effective risk allocation

Nick Powell
Director
12 years of experience specializing in contracts management at various stages
Axiom

Nick is a Chartered Civil Engineer and Fellow of The Chartered Institute of Arbitrators. His early experience was in heavy civil engineering and structural engineering
projects, in both design and site offices. He then specialized in the management of contracts at various stages, operating in a project, commercial or contract
management role. Axiom was founded in 1998 and he has since serviced a portfolio solely related to contract claims, arbitration and litigation acting for contractors,
subcontractors and clients for 12 years.

Presentation Topic: The commercial case for dispute avoidance

Bobby Varanasi, COP


Chairman & CEO
Executive Director from Star Field Matrix with extensive experience in service sourcing in the offshore/outsourcing marketplace and strategy development
Matryzel Consulting Inc

Bobby is a “Certified Outsourcing Professional” by the IAOP and the Chairman of Malaysia Chapter at International Association of Outsourcing Professionals. As a top
management professional, he has extensive experience in services sourcing in the offshore/outsourcing marketplace; strategy development; consulting practice
development; He is an expert in strategic management of large-scale operations in banking and financial services back-offices. With more than 10 years experience,
Bobby is an expert in governance, services globalization, strategy formulation etc.
Presentation Topic: The failing of governance in contracting

Khaleel Namazie
Director
15 years of experience in law practice
GR Law Corporation
Khaleel Namazie was admitted as an advocate & solicitor of the Supreme Court of Singapore in 1994. He has worked in the Asia Pacific legal department of HP
Singapore as a Commercial Contracts Manager with special responsibility for the Asia Emerging Countries of Pakistan, Bangladesh and Vietnam and was also
responsible for negotiating the legal aspects of high value telecommunications and IT agreements with a significant number of Fortune 500 companies.

Presentation Topic: Critical performance measurement

Shurqiah Umamah
Manager, Legal and Secretarial
Specialist with more than 15 years experience in various industries that include airlines, entertainment/media and telecommunications
TIME dotCom Berhad

An expert with 15 years of experience in various industry. Her former employers include Malaysia Airlines, U-TV, U-Mobile and she is currently working as
the Manager of Legal and Secretarial in TIME dotCom Berhad.
Presentation Topic: Change management: Competency assessment to determine change management
Change management: When changes arise…

Contact us! Tel:+607-2267352 Fax:+607-2267351 Email:binjue.chua@toplink-asia.com


CONTRACT OPTIMIZATION:
Build Good Business Relationship in Contract Management !
13th – 15th July 2010
Day 1
13th July, 2010
8.30am Registration and welcome coffee

9.00am Keynote: Cross border contract optimization and risk minimization from legal perspective
Saswata Mukherjee Corporate Counsel – Asia, Africa, Middle East, Turkey& Central Eastern Europe Unilever

10.00am Contract management fundamentals from a project management point-of-view


Harjono Zainal Abidin Consultant Quorum Oil and Gas
- “Back-to-basics” approach
- Contract management vs. Project management – what to check?

11.00am Coffee break

11.15am The commercial case for dispute avoidance


Nick Powell Director, Axiom
- Contract documents and chances of getting them absolutely correct
- Examples of risk transfer backfires

12.15pm The failing of governance in contracting


Bobby Varanasi Chairman & CEO Matryzel Consulting
- Challenges of managing and performing multiple client-contractor relationship – as well as to review the
challenges in offshore outsourcing contract management
- What do we often overlook when it comes to managing complex outsourcing contract
- Case studies

1.15pm Luncheon & networking

2.45pm SECTION A: CHANGE MANAGEMENT SECTION B: SERVICE LEVEL AGREEMENT

Competency assessment to determine change Strategic sourcing makes an impact


management Zhihao Song APAC Regional
Shurqiah Umamah Legal and Secretarial TIME Strategic Sourcing Manager Halliburton
dotCom Berhad - Examine key elements
- Implement effective competency assessment and - Understanding contract lifecycle
determine the need to change - Strategic approaches to roll out SLAs
- Identify your priorities and objectives in change - Include KPIs in SLA to measure performance
management - Understanding your rights to terminate a SLA
- Identify change control process according to your
organization‟s needs and objectives

3.45pm Coffee break

4.05pm When changes arise… Strategic elements


Shurqiah Umamah Legal and Secretarial TIME Zhihao Song APAC Regional
dotCom Berhad Strategic Sourcing Manager Halliburton
- Renegotiating to safeguard mutual interests - How to evaluate vendors‟ responses
- Lead time and duration for change work objectively
- Effect on original deadline and deliverables - After selecting your preferred vendor…
- Necessary support services and monitoring when - The art of conflict resolution – handle disputes
implementing changes - Evaluating tenders: A must-know before signing the
agreement

5.05pm End of Day 1

Contact us! Tel:+607-2267352 Fax:+607-2267351 Email:binjue.chua@toplink-asia.com


CONTRACT OPTIMIZATION:
Build Good Business Relationship in Contract Management !
13th – 15th July 2010

Day 2 14th July, 2010


9.00am RISK MANAGEMENT SERVICE LEVEL AGREEMENT
Crucial factors affecting contract management Effective management in SLAs to
G. Jean Kowalski Capital Investments Contracting Partners mitigate risks
U.A. Associate K. Thavakumar General Counsel
- Common misinterpretation and mistakes in contract Shell Malaysia
- How to limit your liability effectively - Set up teams & communication channels to build
- Unfair contract terms act structural alignment
- Myth: Are exemption clauses valid? - Ensure on-going engagement evaluation on
effectiveness & cost efficiency
- Case studies
10.00am Effective risk allocation Drafting an effective arbitration clause
Mohamed Azahari Jantan APAC Expert Consulting for Kamilah Kasim Partner Rajah & Tann
commercial risk management in engineering, construction,
EPPC, ICT and Oil & Gas Industries
- Methods in identifying and assessing risk -Analyze the recent market outlook
- Contractual techniques in risk management
-Forecasting the future of contracting
- Allocating risk, balancing risk and reward to optimize
outcomes

11.00am Coffee break


11.30am Avoid and resolve disputes Critical performance measurement
Michael Lee Director International Centre for Dispute Khaleel Namazie Director GR Law Corp.
Resolution - Key elements to set up measurement
- Spotting weak points in your contract - Establishing metrics & baseline
- Beware! Common pitfalls and dangerous - Ensure customer satisfaction through
phrases/exclusions performance measurement
- Dispute resolution mechanism - Penalties, credits and debits

12.30pm Luncheon & networking


2.00pm When bad stuff happens… BONUS:
Dadit Raditya Contract management professional
Nokia Siemens Networks Maximize your return on investment (ROI)
- Dealing and exiting from contract breaches in contract management
- Enforceable remedies when bad stuff happens Nick Ho Contracts Manager Rockwell
- Liquidated damages and penalty - Identify the scale of benefits
- Mitigating damages - Contract management solutions

3.00pm Coffee break


3.30pm Pre-contract and post-contract best practices
Primila Edward Senior Legal Consultant Straits Consulting
- Uncover secrets that we often overlook
- Good planning = Winning half the battle
- Best practices sharing session
4.30pm Ask the expert session – Panel Discussion
Complex contracts: executive expectations and frustration
- Challenges in contract management in the current market trend
- Lively discussion session with experts In the industry
5.30pm End of Day 2

Contact us! Tel:+607-2267352 Fax:+607-2267351 Email:binjue.chua@toplink-asia.com


CONTRACT OPTIMIZATION:
Build Good Business Relationship in Contract Management !
13th – 15th July 2010

Post-conference workshop:
Contract negotiation: Strategies to negotiate for mutual value
Thursday 15th July 2010
Workshop will start at 9.00am and end at 5.00pm

Workshop agenda

Deals can be lost in number of ways. One of the more common deal breakers are poor contract negotiation skills. What may seem like
a negotiation deadlock can actually be converted into a win-win situation - but only by those employees who have the best contract
negotiation skills. Learn how to negotiate for mutual value and nurturing vendor relationship!

Preparation: Contract vs generic negotiations Dealing with deadlock & overcoming objections
• Exploiting your existing skills • Taking it, leaving it or negotiating it
• Recognizing what differentiates contract & generic negotiations • Moving negotiations forward
• Writing a contract vs reading a contract • Recognizing the origins of their objections

Prioritizing: Putting the price up front Case study: The non-negotiable boilerplate contract
• Recognizing genuine needs vs nice-to-haves • Negotiation for the non-negotiable items
• Saving your concessions • Cutting through the „legalese‟
• Negotiating the price • Knowing when to walk

John J. Hagedorn is the director and principal training facilitator for Better Training Solutions in Kuala Lumpur.
He has designed and conducted programs in business communication skills and strategies in 18 countries for
more than 15,000 participants over the past 20 years.

John has run negotiations programs for Nike, Marsh Insurance Brokers, Holista Biotech and British American
Tobacco. He is certified by the American Management Association and the Malaysian Institute of Management.

In addition, John has published articles on business negotiation skills for Malaysia‟s leading daily newspapers
and currently presents Getting Down to Business, a daily radio broadcast on business communication
strategies, for BFM 89.9.

Clients include:
Kuala Lumpur Stock Exchange, Citibank, Maybank Securities, Unilever International,
Johnson & Johnson, Noveon Specialty Chemical, BASF/Petronas Chemicals,
British American Tobacco, Philip Morries, Carlsberg, Nike, Agilent Technologies,
VADS, Celcom, SP Setia, Motorola Technologies, Samsung Siemens,, Sun Microsystems,
Occidental Petroleum, Shell Oil, Mobil Oil, Esso Production, MMC Oil & Gas Engineering,
Tenaga Nasional, BMW Thailand, Proton Malaysia, United Motor Works (UMW), Thai
Airways International and many others

Who should attend:


President, Vice President, CEO, MD, Chief Representative, GM, CIO, Senior Manager, Manager, Heads of:
• Contract department
• In-house Counsel / General Counsel / Legal Counsel
• Logistic / Supply Chain Management
• Procurement / Purchasing Department
• Commercial department From the following industries:
• Operation department •Oil & Gas
• IT department •IT / Telecommunications
• Finance department •Aviation / Airlines
• Project Management •Manufacturing & Heavy Industry
• Strategic Planning department •FMCG
•Law Firm
•Logistics / Supply Chain
•Construction
•Automotive

Contact us! Tel:+607-2267352 Fax:+607-2267351 Email:binjue.chua@toplink-asia.com