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Liabilities, Damages and other Contentious Issues in International Commercial Agreements

Understanding the detailed law of damages and liabilities for the purposes of negotiating and drafting international contracts governed by English law.

14-15 Sep 2020

& 11-12 Mar 2021 , 13-14 Sep 2021

GBP 1,299
EUR 1,819
USD 2,026

Book now

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 contracts managers, commercial managers and directors

Programme at a glance...

Day one

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

Day two

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

Presenter

Arun Singh OBE

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 and partner at Masons (now Pinsent Masons).
Arun has advised on disputes and collaborations in a wide range of jurisdictions including Europe, countries in West and East Africa, India, Bangladesh, China, Hong Kong, Saudi Arabia, UAE, Qatar, Pakistan, Libya, Jordan, Syria, the US, Caribbean, Russia, Israel, Lebanon, Egypt, Thailand and Singapore. Arun is cited and ranked in the Chambers Guide to 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 and 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 US.
He is a recognised corporate educator and a non-executive director of two international investment companies – one of which is listed on the London Stock Exchange, chairing the Audit Committee and Investment Committee.
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 Business and Contract Law (a Thorogood Special Report) and How to Lead Smart People – Leadership for Professionals (Profile Books), a facilitator for company programmes and an experienced speaker at international corporate conferences.

Continuing professional development

This course qualifies for the following CPD programmes:

  • CPD certificate of attendance: 11.00 hours

Book now

14-15 Sep 2020
14-15 Sep 2020 Cavendish Hotel, London GBP 1,299.00
EUR 1,819.00
USD 2,026.00
+ VAT @ 20.00%
Enrol now
11-12 Mar 2021
11-12 Mar 2021 Venue not yet confirmed
+ VAT @ 20.00%
Enrol now
13-14 Sep 2021
13-14 Sep 2021 Venue not yet confirmed
+ VAT @ 20.00%
Enrol now

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Previous customers include...

  • Aircelle
  • ALK-Abelló A/S
  • AP Moller, Maersk Contractors
  • ArcelormIttal France
  • Arriello s.r.o.
  • Bateman Projects Ltd
  • Cisco Systems GmbH
  • Cisco Systems Ltd
  • Desfa SA
  • DSM Food Specialities BV
  • Elkarib & Medani Advocates
  • Fromageries BEL SA
  • GlaxoSmithKline Services Unlimited
  • Holborn European Marketing Co
  • INTECSEA UK LTD
  • James Fisher & Sons plc
  • KDDI Europe Ltd
  • MAN Energy Solutions SE
  • MTU Maintenance Hannover Gmbh
  • Philips International BV
  • Randstad Holding nv
  • S&T Romania SRL
  • SAH & Co
  • Sakhalin Energy Investment Company Ltd
  • Shell UK Ltd
  • Siemens AG
  • SNTGN TRANSGAZ SA
  • Vector Aerospace International Ltd
  • Vetco Gray
  • Vodafone-Panafon SA

The course was well presented, informative and relevant for anyone drafting and negotiating international contracts. Fantastic.

Sebastian Gruson, Head of Legal Department, Boehringer-Ingelheim RCV GmbH & Co KG, Mar 19

Great course, great speaker. I am better equipped to negotiate international contracts and understand the other parties' minds.

Agnès Audoin, Legal Affairs Tech Ops & IT, IPSEN Pharma, Mar 19

It was a very well-structured course with an excellent and experienced lawyer as a speaker. Ideal for in-house counsel as a refresher but also a good opportunity for networking with other legal counsel from different industries. I enjoyed Arun's positive way of lecturing, with many anecdotes and answering each question.

Sunia Ali, Legal Counsel, ROSEN Swiss AG, Mar 19

The course was very well conducted by Mr. Singh, mixing well theory and practice. Very complete and challenging programme. The course will help me to better understand and draft contracts governed by English law.

Sarah Fadlalah, Contract Administrator, Saipem Ltd, Sep 18

Engaging and entertaining. [The speaker was] very effective at presenting!

Elaine McDonnell, Commercial Manager, Bühler UK Limited, Sep 18

This is a great training experience! The content is very well structured, the speaker is well organised and all the participants have the chance to work in teams, ask questions and debate on all the relevant topics. I had a great time! Thank you!

Emilia Dragomir, Contracts Advisor, Emerson SRL, Sep 18

Lecturer with great communication skills, pragmatic approach and a great capacity to involve the audience and help them brainstorm on specific topics.

Vincenzo Gallo, Legal Counsel, CHEMO AG, Vienna, Lugano Branch, Sep 18

Very informative, entertaining and practice-orientated.

Anton Kachanov, Senior Legal Counsel, Yandex, Mar 18

The course content was comprehensive. Presentation was excellent. Prof Singh is an excellent teacher.

Radhika Mahass, In Legal Training, Mar 18

The content is very rich, the course is very organised. A huge part of its success is because of how good the speaker is.

Mai Ali, Lawyer, MBC FZ L.L.C., Mar 18

Great course, hands on, very knowledgable speaker.

Anna Damgaard Jensen, Head of Legal , AOP Orphan Pharma, Mar 18

Good, practical content. Interesting presentations and a lot of room for questions.

Bernard van Den Beld, Corporate Legal Counsel, Marel Meat Prosesing, Sep 17

The speaker has deep knowledge of the subject matter.

Eduarda da Costa, Lawyer, Novabase Serviços - Serviços de Gestão e Consultoria, SA, Sep 17

Clean presentation with a deep knowledge of the subject matter.

Eduarda da Costa, Lawyer, Novabase Serviços - Serviços de Gestão e Consultoria, SA, Sep 17

Overall training was very interesting.

Sofia Zaki, Corporate Lawyer, Vinci Construction Grands Projets, Sep 17