This course, which is not jurisdiction-specific, is ideal for those working in an international and European context. This interactive course is targeted at commercial lawyers and executives who write, negotiate and advise on international commercial agreements and transactions.
Embracing the sale of goods, the appointment of distributors and agents, as well as the licensing of intellectual property rights, this course will provide delegates with a comprehensive overview of the main international and European legal instruments (binding and non-binding) that govern international contracts, the sale of goods, trade terms, documentary sale, and letters of credit.
This course will also explore cross-jurisdictional concerns looking at alternative dispute resolution, the allocation of jurisdiction, choice of law, and the recognition and enforcement of judgements.
We will look at the new Brussels Regulation (in force from 2015), the Hague Convention 2005 (in force from 2015), Incoterms ® 2010 and the UCP 600 (Uniform Customs and Practice for Documentary Credits).
The different topics reviewed in this course will also be considered in light of the Withdrawal Talks ('Brexit Talks') currently underway.
This course will cover the following:
Part 1 - International Contract Law
Key instruments governing international contracts (binding and non-binding)
Choice of law in international contracts
United Nations’ Convention on Contracts for the International Sales of Goods 1980 (Vienna Convention 1980)
- Applicability and exclusions
- Formation of a contract
- Responsibilities of seller and buyer
- Remedies of seller and buyer
- Excuses for non-performance
Part 2 – Trade Terms
Incoterms ® 2010
Trade terms under English law
Part 3 – Documentary Sales and Trade Finance
Documentary sales and bills of lading
Letters of credit and the UCP 600
Part 4 - International Contractual Disputes
Alternative dispute resolution
Overview of key concerns (jurisdiction, choice of law and recognition and enforcement of foreign judgements)
A review of the international instruments governing cross-jurisdictional matters
- Jurisdiction and recognition and enforcement of foreign judgments
- New York Convention
- Brussels Regulation (Regulation (EU) No 1215/2012 of the European Parliament and of the
- Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters)
- Hague Convention of 30 June 2005 on Choice of Court Agreements
- Choice of law
- Rome I (Regulation (EC) No 593/2008 of the European Parliament and the Council of 17 June
- 2008 on the law applicable to contractual obligations)