Liabilities, Damages and other Contentious Issues in International Commercial Agreements

Course Overview

Reduce your exposure to risk and liability in your contracts in two essential days

Now is not the time for weaknesses in your commercial contracts when risk and liability have to be kept to a minimum. During the negotiation of international commercial agreements, the exact exposure in relation to damages is often not properly identified, anticipated or understood. Frequently, the 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 an international specialist in the field, the seminar shall enable participants to effectively draft and negotiate contracts with knowledge and confidence.

Who Should Attend?

• 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 contract managers, commercial managers and directors

Programme At A Glance...

Key differences in civil and common law

Pre-contract agreements – background and drafting

Warranties, representations, guarantees and indemnities

Exclusions, limitations and maximum liability

Force majeure, frustration and economic hardship

COMPARATIVE WORKSHOP SESSION: PART 1
Practical workshop where, using a case study as a basis, clauses will be examined that are interpreted differently in different jurisdictions

Direct, indirect damages and consequential loss

Q & A interactive session – identifying types of damages

Liquidated damages and penalties defined – comparative analysis

Choice of law, jurisdiction and arbitration: Part 1 – choice of law and jurisdiction

Choice of law, jurisdiction and arbitration: Part 2 – arbitration and dispute resolution

COMPARATIVE WORKSHOP SESSION: PART 2
Practical workshop where, using a case study as a basis, clauses will be examined that are interpreted differently in different jurisdictions