(MENAFN– GlobeNewsWire – Nasdaq) Dublin, Oct. 24, 2024 (GLOBE NEWSWIRE) — 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
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