Two Day Virtual Liabilities, Damages and other Contentious Issues in International Commercial Agreements Training Course (September 13-14, 2021)
Dublin, Aug. 24, 2021 (GLOBE NEWSWIRE) -- The "Liabilities, Damages and other Contentious Issues in International Commercial Agreements Training Course" training has been added to ResearchAndMarkets.com's offering.
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.
Key Topics Covered:
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 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
Comparative workshop session
A 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
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 clause 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
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
For more information about this training visit https://www.researchandmarkets.com/r/666m28
CONTACT: CONTACT: ResearchAndMarkets.com Laura Wood, Senior Press Manager press@researchandmarkets.com For E.S.T Office Hours Call 1-917-300-0470 For U.S./CAN Toll Free Call 1-800-526-8630 For GMT Office Hours Call +353-1-416-8900