Projects Management
Advanced Development and Legal Creativity for Legal Persons and Members of Legal Administration
Select Other "city & date"
Advanced Development and Legal Creativity for Legal Persons and Members of Legal Administration Course
Introduction:
In any commercial contract, parties have rights, obligations, risks, and benefits that need to be balanced. This requires a solid understanding of contract law, precise contract language, and its commercial implementation. It is also crucial to minimize the risk of disputes and have the ability to resolve them if they occur. International contracting introduces additional risks and challenges due to different legal systems. As global commerce expands, understanding international business law becomes increasingly important. This program prompts participants to evaluate their knowledge of implementing international business law in contracts, enabling them to understand and address potential issues proactively.
Course Objectives:
- Anyone who handles international contracting or other international business, or who may do so in the future
- Commercial legal contracts and projects staff and those involved in making business decisions on international issues
- The program will suit individuals, from all industries, who are keen to learn the best techniques and avoid costly contractual errors and omissions
- The program will be of benefit to those new to this area of business, or to experienced professionals looking for a refresher course and new ideas
- Critical issues that arise from day to day in contracting. You will learn the importance of risk analysis, the legal consequences of both your words and actions and gain an understanding of the laws and practices that regulate the formation, effectiveness, implementation, and enforcement of commercial contracts. Also, attention will be made to new alternative dispute resolution methods that can be set up to reduce the potential for enforcement through litigation.
Who Should Attend?
- Anyone who handles international contracting or other international business, or who may do so in the future
- Commercial legal contracts and projects staff and those involved in making business decisions on international issues
- The program will suit individuals, from all industries, who are keen to learn the best techniques and avoid costly contractual errors and omissions
- The program will be of benefit to those new to this area of business, or to experienced professionals looking for a refresher course and new ideas
Course Outlines:
Formation, structure, and types of contracts
- Why we need contracts
- The reasons for using contracts
- The use of written or verbal contracts
- Basic principles in contract formation and contract effectiveness
- The common ways contracts are formed around the world
- Examples of formalities for contract formation
- The different problems that can arise in different jurisdictions
- Formation by conduct and the associated contractual risk
- International Tendering - special issues
- Incorporating other contract documents
- Form of Agreement
- Different business models use different types of contract
- Different types of legal system
- Law to interpret the contract
- Legal system to handle disputes
- Conflicts between legal systems
- Authority to sign a contract - different rules in different countries and practical ways to solve the problem
- Basic contractual structures for use in an international context
- Proper law of the contract
Pre-contractual documents, collateral documents, and standard contract forms
- Letters of Intent and Award, Instructions to Proceed, etc
- Bonds and guarantees
- Tender/bid bond
- Advance payment,
- Performance bond
- Retention/withholding bond
- Parent Company Guarantees
- Collateral warranties
- Use in non-Gulf jurisdictions
- Use of commercial standard documents
- Common international forms in different businesses
- Advantages and problems
- Drafting Special Conditions
Main contract clauses and issues
- Rights & obligations under the contract
- Transfer of title and risk - use of INCOTERMS in international trade
- Impact of national insolvency laws in an international context
- The need for Insurance and indemnities
- Do indemnities work in Civil Law jurisdictions?
- Delays and suspensions
- Time of the essence - what does this phrase mean?
- Fitness for purpose - what does this phrase mean?
- Reasonable standards - is everyone "reasonable"?
- Liquidated damages - buyers' control or seller’s limitation clause?
- Consequential losses - different meanings in different countries
- Limits of liability - why do we have these and are they effective?
- Basic principles of frustration
- Force majeure clauses - how to avoid the frustration trap
- Delivery and acceptance
- Remedies for failure to perform
- Correct service
- Practical problems
- The frustration of a contract
- Rights to terminate
- Warranty and guarantee periods - latent defect s
- Notices
- Entire Agreement
International business law - some issues beyond contracts
- Investment in foreign countries
- Right to own property
- “Need for foreign partners
- Bilateral Investment Treaties
- ICSID Arbitration - challenges from South America
- "International Law"
- Moves to standardize contracts