The skill of drawing up contracts requires long experience and specialization in the field of contracts. Whether expertise or specialization, selecting only one criterion is not sufficient for the lawyer to draw up a contract. In the company, there are experienced attorneys and specialists in the area of contract drafting and legal agreement including commercial agency agreements, brokerage agreements, sales agreements, partnership contracts, adjustments and discharges, contracting agreement, etc. made between the individuals or domestic companies and international companies, or made between companies and governmental bodies. As for contract drafting, attorneys are responsible for the good preparation for the contract and the inclusion of items that achieve the required balance among the legal positions of contracting parties; in addition, they are accountable for selecting the most suitable law for the contract and ensuring compatibility of work reality, regulations of law, the execution date of the contract and throughout term.
Language of Contract
The team of company lawyers writes and edits the contracts in both Arabic and English languages. The other legal services provided are preparation of whole contracts in Arabic in respect of all fields; each has a competent lawyer responsible for it. The team also edit the previously written contracts and introduce some needed amendments according to their expertise in the area of contract drafting.
Contract attorney is the person specialized in contract wording and conclusion; the wording of contract is the physical embodiment of a given deal. It is the method through which the contractual relationship between the parties is expressed and the parties’ requirements are interpreted.
Our team of specialized attorneys considers the clearance of phrases that is to be precise and of complete specific meaning especially in respect of international commercial contracts that include big deals. Violating the previously mentioned conditions of wording can result in a possibility of arising out disputes. The legal loopholes existed in the contracting documents can cause one of the parties to interpret the given part in a manner that serves their own interests.
Here, the article is going to address the techniques and methods used in contract drafting, the style and terminology of contract; the data that usually included in the contract; the importance of seeking the assistance of specialized contract attorney; and finally the types of contract for which Homat Alhaq Law Firm provides its drafting services.
Contract Drafting methods:
The drafting is either rigid, flexible, or a combination of the two methods, as it may be caused or not, our specialized attorneys consider choosing the appropriate approach to the circumstances of the contract.
The rigid drafting expresses the obligations of the contractual relationship accurately and specifically. It is achieved by several means, such as using arithmetic numbers and resorting to methods of limitation and specificity; it is used to determine the quantities or dates. Moreover, drafting is not assigned to the court or the arbitrator if a dispute arises around the implementation of the terms of the contract, any judicial discretion or flexibility regarding the circumstances of the reality.
An example of rigid drafting
is that one of the terms of the lease contract obliges the lessor to deliver the leased property and evict it from the works after the lease term ends no later than 20 January 2021, so if the lessor shall not fulfill its obligation, then it is deemed a breach of its contractual obligation. The owner of the leased property is entitled to file a compensation claim proves the date mentioned in the contract in which the claim is not valid during the terms of contract.
Flexible drafting is used to define the obligations of the parties in the event that the obligations are multiple or other obligations are derived from it, so the used terms and expressions shall be subjected to many evaluations, such as declaring the foundations and objectives that the debtor must observe in respect of the contract so that it can be considered that he has fulfilled his contractual obligation.
An example of flexible drafting
is to draft contract phrases as follows: The lessor shall oblige to deliver the leased property in time as required by the circumstances of the leased property owner. The judge has a Judicial discretion –in respect of the claim for breach-in implementing the obligation to deliver the property whether the delivery took place at an appropriate time or not according to the evidence provided to it by both parties of the contract.
We point out that most contracts include rigid and flexible drafting in what is called compound drafting, and it is well known that the price or fees clauses shall be written by rigid drafting style whereas secondary obligations and guarantees are formulated by flexible drafting style.
The contract may be drafted including or not the contract goals, and the goals drafting means stating the purpose of the contract. It is often mentioned in the preamble of the contract.
The standard drafting of the contracts:
It is the drafting used by companies, banks, chambers of commerce, unions, private collective organizations, etc., and carried out by one of the contracting parties who is the most powerful party in the contractual relationship. This party prepares the unified contract forms within the limits of its field and activity. It can be said that the model contract itself is not a contract but rather a combination of conditions set in advance to take a model for the ruling of individual contracts to be concluded on later dates in the event that the given parties agree upon it.
Contract Style and Terminology
The terms of the contract shall avoid lack or ambiguity, or avoid use of abandoned or borrowed expressions. The phrases of the contract must be clear and express the desire of the parties accurately and specifically. The word or vacable should adequately express the meaning so that the drafting reflects the will of the contractors
The most critical data included in the contract:
The contract usually includes a set of data such as the title and name of the contract as in the contract of sale, rent, or agency, and most often the title includes the subject of the contract, such as selling a plot of land or renting a flat, then the date of the contract and the parties hereof, and the effective and expiry date of the contract.
Mutual obligations shall be established for both parties of the contract as per their type and nature. The contract includes a clause regarding notifications, its method, and the mean. The contract also includes dispute resolution clause in the event of arising out dispute among the parties to the contract.
The international commercial contracts contain legal terminology and expressions whose their assigned meaning are interpreted in the annexes to the contract.
Importance of hiring a specialized contract attorney:
The specialized attorney in contract drafting shall has experience and practice in formulation of the contract and accuracy in the choice of the vocable for all contract clauses, and he also own a future vision for the risks, whether legal, administrative, or technical, to avoid any disputes that may occur.
The attorney connects the contract clauses to each other by help of the skills and experience he has acquired in understanding and analyzing. He shall own a negotiating ability that makes him the best choice subject to the client interest concerning his commercial agreements. In addition, he preserves his rights to detract from manipulating because of his ability to deal with the legal loopholes that may cause harm to the client.
Contract Legal Services Sami ALawad Law Firm provides as follows:
The company experienced attorney draws up and revises all types of contract in both Arabic and English. For instance:
- Partnership Contract
- Employment Contract
- Sales Contract
- Lease Contract
- Financing Contract
- Contracting Agreement
- Memorandum of Association
- The company by-laws
- Corporate Compliance Policies and Procedures Manual
- Commercial Agency Agreement
- Distribution Contract
- Marketing Agreement
- Management and Operation Contract
- Franchising Contract
- Arbitration Agreement
- Many other types of contracts
The company provides well-drafted, clear, complete, precise contracts.