The "Liabilities, Damages and other Contentious Issues in International Commercial Agreements Training Course" training has been added to ResearchAndMarkets.com's offering.
Now is not the time for weaknesses in your commercial contracts - reduce your exposure to risk and liability in two essential days of training.
In today's tough economic environment, risk and liability must be kept to a minimum for businesses to survive. During the negotiation of international commercial agreements, the exact exposure in relation to damages is often not properly identified, anticipated or understood.
Frequently, the contracting parties are:
- Unaware of the true nature of the law of damages in the chosen governing law of the contract
- Unaware of the fundamental differences of approach in the common law and civil law systems
- Unaware that their attempts at limiting or excluding their liability may be ineffective
This specialist two-day seminar has been specifically developed to focus exclusively on this subject. The seminar offers a wide-ranging and detailed understanding of the law of damages under English law with comparisons to civil law jurisdictions. Presented by Arun Singh, an international specialist in the field, the seminar will enable participants to effectively draft and negotiate contracts with knowledge and confidence.
The course has been designed to give a practical solution to your drafting challenges. Throughout the course, the expert trainer uses a balanced mix of theory, exercises, discussion and sample clauses to ensure the learning is embedded, so you can meet your commercial objectives.
Benefits of attending
- Learn how to identify potential legal risks and their implications
- Expand your knowledge of pre-contract documents and pre-contractual liability
- Get to grips with confidentiality agreements
- Understand the differences between warranties, representations, guarantees and indemnities
- Explore exclusions and how to limit damages
- Examine the concepts of force majeure and economic hardship
- Clarify direct damages, indirect damages and consequential loss
- Consider the limits of choice of law and choice of forum clauses
Certifications:
- CPD: 12 hours for your records
- Certificate of completion
Who Should Attend:
This course has been specially designed for:
- Lawyers working in business, government and private practice
- All those working in a legal context but not necessarily having law as their underlying professional qualification, including contracts managers, commercial managers and directors
Key Topics Covered:
Day 1
Introduction
- Key differences in civil and common law
- Identifying potential legal risks
- Fundamental distinctions
- Emerging trends
- Drafting approaches
- Introduction to comparative exercises
Pre-contract agreements - background and drafting
- NDAs, MoUs, letters of intent
- Pre-contractual liability
- Good faith
- Confidentiality agreements - binding?
- Templates of pre-contract documents
- Redrafting template documents
Warranties, representations, guarantees and indemnities
- Differences
- Which to use and when
- Remedies for breach
- Relationship with the entire agreement
- Indemnities - examples
- The court approach and contra proferentem
- Types of guarantees - performance and on-demand
Exclusions and limitations of liability
- Liability for personal injury or death
- Liability for late delivery, performance or similar
- How to limit the maximum aggregate damages
- Fundamental breach vs breach of fundamental obligation
- Specific examples of limitation of liability clauses from different jurisdictions
- Exclusions, limitations and maximum liability
Force majeure, frustration and economic hardship
- The concepts of force majeure and economic hardship
- Doctrine of frustration
- Changing circumstances and unforeseen events
- Hardship clauses
- Defining the events
- Typical claims
- The termination period
- Re-execution/renegotiating
- The legal effect
Day 2
Direct, indirect damages and consequential loss
- Types of damages
- Damages for breach of contract
- Back-to-back contracts
- Physical damages
- Costs and expenses
- Waste
- Loss of profit
- Consequential losses and expenses
- Loss of opportunity, expectation and amenity
- Examples of clauses from common and civil law
- Direct, indirect damages and consequential loss
Q&A Interactive Session: Identifying types of damages
Liquidated damages and penalties defined - comparative analysis
- Recoverability of liquidated damages and penalties
- Rules of interpretation and evidence requirement
- Types of contract to which the rules do or do not apply
- Types of clauses to which the rules do or do not apply
- Templates with comparative clauses
- New Supreme Court rule on liquidated and ascertained damages and penalties -
- Cavendish v Makdessi
Choice of law, jurisdiction and arbitration Part 1 - choice of law and jurisdiction
- Legal basis
- Applicable law in the absence of choice
- Limits of choice of law
- The natural place of jurisdiction
- Choice of forum clauses
- Limits of choice of forum clauses
- Brussels and Rome Regulations - post-Brexit
- Direct applicability and the chosen law rule
Choice of law, jurisdiction and arbitration Part 2 - arbitration and dispute resolution
- Choice of arbitration, drafting of an arbitration clause, avoiding pathological clauses
- Alternative dispute resolution - conciliation, mediation and ADR
- Enforcement: The New York Convention and beyond
Comparative workshop session
Practical workshop where, using a case study as a basis, clauses will be examined that are interpreted differently in different jurisdictions, including:
- Force majeure
- Exclusion clauses
- Approaches to interpretation
- Limitation of liability
- Liquidated damages and penalties
- Drafting techniques
Speakers:
Arun Singh OBE
International Lawyer & Consultant
Falconbury Ltd
Arun Singh (Prof) OBE, FRSA is an international lawyer and consultant to an international law firm. He was formerly a partner and Head of Commercial Law at KPMG Legal. Arun is cited and ranked in Chambers Guide of the World's Leading Lawyers.
He concentrates on international investment, joint ventures, licensing of technology, research and development, M&A, energy, outsourcing and corporate governance in developed and emerging markets. He also handles international legal risk management matters.
Arun advises a range of international organisations. He is a Visiting Professor in International Business, Leadership and Negotiations at Salford University Business School, Senior Associate at Oxford University's Institute of Legal Practice and teaches international leadership and negotiations at the University of Cambridge. He has facilitated programmes in Europe, Asia, the Middle East and the U.S.
He is a recognised corporate educator and a non executive director of 4 international investment companies one of which is listed on the London Stock Exchange chairing the Audit Committee and Investment Committee.
Arun's work for SME's and clients such as BA, BP, CMSLegal, Orange, Diageo, KPMG, Motorola includes working with managers on business skills such as leadership, impact and influence, team dynamics, international management negotiations and conflict resolution. He was appointed an OBE by HM the Queen in January 1999 for services to international trade, investment and intercultural management.
Arun is an editor and contributor to a number of publications, including Thorogood's Special Report on Business and Contract Law, facilitator for company programmes and corporate speaker to conferences.
For more information about this training visit https://www.researchandmarkets.com/r/a2oltw
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