Taxmann Guide to Commercial Contract Management by Ashok Kumar Mishra Edition 2023

Description

Taxmann Guide to Commercial Contract Management by Ashok Kumar Mishra Edition 2023

Taxmann Guide to Commercial Contract Management by Ashok Kumar Mishra Edition 2023

Description

This book comprehensively offers practical guidance, best practices and strategies to effectively handle contract administration, risk mitigation and dispute resolution.

The book provides a comprehensive overview of contract management in manufacturing organizations, discussing technical and commercial dimensions. It addresses the intricacies of negotiating defence contracts, financial analysis, and regulatory and legal management and elucidates various contract commercial terms. Specific provisions such as limitation on liability, liquidated damages, force majeure, and patenting strategies are given particular attention. Furthermore, the book offers insights into alternate dispute resolution mechanisms and showcases research in the related area aimed at helping manufacturing organizations avoid pitfalls. It also underscores the interdependence of Commercial Acts within these organizations and delves into various legal facets of contracts.

This book will be helpful for lawyers & other professionals in drafting & vetting contracts.

The Present Publication is the Latest 2023 Edition, authored by Dr. (CA) Ashok Kumar Mishra, with the following noteworthy features:

• [Enhances Professional Skill Sets] in the field
• [Features Relevant Examples and Case Laws] for a richer understanding
• [Difference Between Specific and General Contract Clauses] are clarified in the text
• [Addresses Misconceptions about Vendor Interactions] in public sector organizations
• [Discusses the Need for Understanding Between Vendors and Customers] to avoid project delays
• [Discusses the Challenges of Implementing ‘Aatmanirbhar’] in the defence sector.
• [Comprehensive Coverage of Man Management and Technology Management]
• [Highlights the Importance of Self-Reliance] in Defence Design, Development, Equipment Manufacturing, and Maintenance
• [Provides Hands-On Experience Insights] on defence contract management, detailing problem areas and their tested solutions
• [Presents Results From Surveys] on the current state of contract management in defence
• [Explores the Complexities of Contract Management] and offers feasible solutions

The structure of the book is as follows:

The book is segmented into three parts, encompassing 11 chapters:

• Part I – Discusses the intricacies of the Defence Industry, touching on aspects like:
  • Global Aerospace
  • Technological Innovations
  • The MRO Industry’s Structure
  • Aerospace Manufacturing
• Part II – Offers a comprehensive overview of Defence Contracts, presenting the current landscape and highlighting issues in Defence Contract Management. It includes topics like:
  • Obsolescence Management
  • Contractual Disputes
  • Challenges in Negotiating International Contracts
  • The Integrity Pact
  • Various Commercial, Legal, and Financial Facets
• Part III – Presents insightful details on Contract Management, supplemented with real-world examples and case studies. It covers the following:
  • Legal Framework
  • Intellectual Property Rights (IPR)
  • Navigating Government Contracts
  • The Ambiguities of the ICA 1872
  • Dispute Resolutions
  • The Safeguarding of Trade Secrets

The detailed contents of this book are as follows:

• Introduction & Aerospace/Defence Industry Perspective
  • Aerospace & Contract Management
  • Global Aerospace & Defence Companies – Perspective
  • Technology Innovations and Defence Industry in Aerospace
  • Maintenance, Repair and Overhaul (MRO) – An Effective Support System for Aerospace
  • Aerospace Manufacturing – A Rite of Passage Over Five Decades
• Defence Contracts and Current Scenario
  • Contract Management in Defence PSUs
  • Related Issues in Defence Contract Management
• Government Contracts in Large-Scale Industries/MSME
  • Contract Management and Practice
  • Legal Perspective
  • Lessons for Future
  • Findings of Author’s Research Work on the Related Area

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About the author

Ashok Kumar Mishra

Dr. Ashok Kumar Mishra, a former Technical Member of the National Company Law Appellate Tribunal (NCLAT) & NCLT. He has served for approx. seven years & authored over 2100 judgments related to the Company Law, the Competition Act, Insolvency & Bankruptcy Code (IBC) and some of his judgments are landmark. He was involved in developing protocols for uniformity in judgments of various Tribunal Benches in NCLT. He has also authored a book on IBC.

He has served as Director (Finance) & CFO of Hindustan Aeronautics Limited (HAL), Bangalore for approx. five years. He joined HAL as Financial Controller (DGM – Finance) in November 1994 and served until January 2016. He is an expert in the management of sick units and rebuilding organizations. He has served both public and private sectors for over 43 years. He, too, has detected fraud wherever he worked in the finance department since the inception of his career.

His skill set in alternate dispute resolution led to the resolution of major litigation with the State Governments of Karnataka & Odisha involving financial liability of USD 2 Billion pending for two decades with settlements at a reasonable level approx. USD 500 Million. He has negotiated National and International contracts of high value and visited various countries like Russia, the USA, the UK, France, Japan and Malaysia on official assignments, including for negotiations & contract finalization.

He has an LL.D. from the National Law School of India University, Bangalore, a Ph.D. (Finance) from Patna University, M.Com., LL.B. (Calcutta University), and a qualified Chartered Accountant. He has done several certification programmes from India and abroad.

He is a guest speaker in various institutions such as NLU-Delhi, NSLIU-Bangalore, IIM-Bangalore, ICAI, ICSI, IICA etc. He has to his credit several laurels, including the Best CFO Award 2015 from the Institute of Chartered Accountants of India.

He is currently working as a Professor of Practice on a full-time basis at Hamdard Institute of Legal Studies & Research and School of Management & Business Studies, Jamia Hamdard (Deemed to be University) New Delhi. The University is also utilizing his services in various advisory functions.

He is a distinguished Fellow of IICA, a Member of the Governing Council of ICSI and an Independent Director of ICAI RVO.