Drafting & Negotiating Cross-Border Commercial Contracts - Beyond the Basics

Introduction

This virtual classroom seminar is targeted at those who draft, negotiate, and advise on international commercial agreements and cross-border transactions.

It will review the sale of goods and the appointment of distributors and agents, as well as the licensing of intellectual property rights within the context of an international contract.

The session will give practical advice on the legal considerations and commercial concerns essential for securing a successful and sustainable international deal.

This live session is not jurisdiction specific and is ideal for those working in international practice.

What You Will Learn

This live and interactive course will cover the following:

International Contract Law

• Critical review of key instruments governing international commercial deals (binding and non-binding) with particular emphasis on the CISG
• United Nations Convention on Contracts for the International Sales of Goods 1980 (CISG)
• Applicability and exclusions
• Formation of a contract
• Responsibilities of seller and buyer
• Remedies of seller and buyer
• Excuses for non-performance

Trade Terms, Documentary Sales and Trade Finance

• Trade terms: Comparison of key trade terms in English law with their counterparts under in Incoterms® 2020
• Documentary sales and bills of lading
• Letters of credit and the UCP 600

Agency Agreements

• Legal regulation of the agency relationship under Commercial Agents (Council Directive) Regulations 1993 (SI1993, No 3053 as amended)
• Considering EU competition law and its impact on the terms of the deal
• Reviewing an agency agreement with a focus on drafting of key terms including appointment, exclusivity, term, payment, performance obligations, targets, IPR protection, termination, indemnity, compensation

International Contractual Disputes

• Critical review of international instruments governing cross-jurisdictional matters
• Brussels Regulation (Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
• Hague Convention 2005 on Choice of Court Agreements
• Hague Convention 2019 on Recognition of Enforcement of Foreign Judgments
• Rome I (Regulation (EC) No 593/2008 on the law applicable to contractual obligations

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.