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'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:


  • 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

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