Commercial Legal Manager

JOB DESCRIPTION & JOB REQUIREMENT: MANAGER LEGAL Commercial

(Job location: Vadodara, India)

Manufacturing / Process Industry experience mandatory (Oil & Gas / Petrochemicals / Fertilizers / Refinery / Specialty Chemicals / Power / Mining & Metals Industry mandatory)

Important Attributes

• Extensive specialist experience as a Contracts & Procurement Lawyer in large EPCC (Engineering Procurement Construction and Commissioning) Companies as a Commercial Lawyer executing large EPCC Projects worth $100M+ with experience in the areas of international contracts and imports of Capital Goods and Material. Experience in Upstream, Midstream, Downstream Oil & Gas related industries such as Petrochemicals, Fertilisers etc. would be an added advantage. Essential to have actual extensive experience of directly managing and handling complex EPCC contracts, such that the candidate has in-depth understanding of the financial/commercial/operational/technical/contractual/regulatory risks involved, ways to mitigate those risks, critical terms and conditions which have material bearings from financial/commercial/operational performance perspectives, typical 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, analyse the pertinent legal issues and suggest solutions to mitigate risks in a proactive manner
• Keep abreast of legislative and regulatory changes in the relevant Sectors/Industries being managed as a commercial lawyer
• Trusted Advisor to the Company on business transactions and suggest way forward to mitigate risks and be commercially and legally prudent
• Well versed with handling claims, change orders, extra claim, liquidated damages and suggest resolution mechanism
• Maintain good relations with Advocates/Lawyers, briefing the Counsel and suggest Companys viewpoint.
• Should have business friendly and litigation avoidance approach
• However, should have experience of supporting litigation proceedings as a solicitor if not as a barrister

Key Professional Functions:

• Drafting, reviewing and Negotiating Contracts related to Engineering, Procurement, Construction & Commissioning, Agreements with Vendors for Procurement of Materials and Services including imported capital goods and materials, Technology Licensing Agreements, Joint Venture Agreements, Hydrocarbons Purchase, Sales and Off-take agreements, Financing Agreement with Financing Entities, Exclusive and non-exclusive services provider agreements with customers, Production Sharing Contracts with Business Partners and Regulators as an Operator, Agreements for creation and administration of Charges and Encumbrances, Agreements creating positive and negative covenants and affirmations related to charges created, Forward Sale Agreements, Agreement with Vendors and Service Providers etc.
• Creating and administering processes for governance, compliances and risk management in connection with the provisions in the various contracts mentioned above
• Planning and implementing procedural actions to support implementation of commercial contracts
• Negotiating contracts with customers, business partners, vendors and regulators
• Some experience of Mediation and Arbitration
• Dealing with Regulatory Authorities and public sector undertakings executives and staff
• Providing or procuring Legal Opinion on associated matters related to Commercial Laws, Financial Laws and Regulations, Tax Laws and/or on specific Transactions
• Explain and present legal issues and matters to Business Executives in business language devoid of legal jargon, as well as to incorporate business and technical perspectives when dealing with legal matters

Professional Experience: 1) Between 6 to 9 years of experience in a reputed firm of Solicitors or Corporate House, with specialist experience in the as a Contracts & Procurement Lawyer in large EPCC Companies preferably supporting Oil & Gas Industries 2) Deep expertise and practical experience in applicable Laws including statute law, secondary legislation and jurisprudence 3) Some practical experience of dealing with commercial laws and corporate laws of United Kingdom or the USA is desirable 4) Exposure to dealing with top notch international Solicitor Firms and reputed Indian Law Firms

Professional Qualification: A full time Bachelors Degree in Law (LLB) from a reputed Indian or Internationally reputed institution or university. Specialist post graduate qualification related to Oil & Gas Sector or Commercial Law or Contract Law would be preferable but not essential.

Mandatory requirement:

1. Manufacturing / Process Industry experience mandatory (Oil & Gas / Petrochemicals / Fertilizers / Refinery / Chemicals / Power / Mining & Metals Industry mandatory)

2. Large EPCC (Engineering, Procurement, Construction & Commissioning) project experience very essential

3. EPCC Projects should be worth at least $100M

4. Good drafting & negotiation skills

5. Answer all the questions in questionnaire properly and seriously (those who don't answer properly will be disqualified)