Dublin, June 30, 2025 (GLOBE NEWSWIRE) -- The "5-day International Commercial Contracts School Training Course" training has been added to ResearchAndMarkets.com's offering.
The 5-day International Commercial Contracts School offers a wide-ranging and detailed understanding of contract law, drafting techniques, negotiation tactics and the law of damages under common law with comparisons to civil law jurisdictions.
Presented by an international specialist in the field, attending this course will enable participants to effectively draft and negotiate contracts with knowledge and confidence.
The programme is split into three comprehensive modules:
- Module one: Business and contract law for international commercial contracts covers the formation and management of a business contract, the pre-contract documents, drafting contract terms and specific key clauses
- Module two: International contract negotiation looks at preparing for negotiations and setting objectives, while considering national and organisational cultures and styles
- Module three: Liabilities and damages in international commercial agreements focuses on identifying areas of potential risk, and exclusions and limitations of liability clauses
By attending this course you will:
- Understand how a contract is formed and what makes it binding and enforceable
- Learn about the impact of common and civil law
- Get to grips with pre-contract documents including NDA agreements
- Consider constructive performance obligations and payment mechanisms
- Master the defences to breach of contract
- Expand your knowledge of termination and variation clauses
- Enhance your negotiation skills and understand different styles
- Identify areas of risk and learn how to mitigate against them
- Discuss choice of law and dispute resolution options
Certifications:
- CPD: 30 hours for your records
- Certificate of completion
This course has been specifically designed for:
- Heads of legal
- In-house counsel
- Contracts directors and managers
- Commercial directors and managers
- Senior business development executives
- Private practice lawyers
- Professional legal advisors
Agenda
Day 1
Module One: Business and Contract Law for International Commercial Contracts
Formation of a business contract
- What is a contract?
- Different legal systems to know about
- Common and civil law
- Contract, tort and equity
- Making a binding and enforceable contract
- Six components
- Offer
- Acceptance
- Deeds
Pre-contract documents - sample agreement and checklist
- Informal contracts
- Standard terms
- Letter of intent
- Memorandum of understanding
- Heads of agreement
- Binding or non-binding and enforceability
- Meaning and effect of using 'subject to contract' and 'without prejudice'
- Duty of good faith
Confidentiality and NDA agreements - sample document and checklist
- Current practice
- What is 'confidential information'?
- Recent cases
- Quantifying loss
- Checklist for protection
Practical drafting workshop: Pre-contract documents and enforceability
Getting to grips with how the law changes and what you thought you had agreed to
- What are implied terms and where do you use them?
- Working within government restrictions
- Misrepresentation
- International convention
Practical workshop: understanding and effecting drafting payment obligations
- Advance/stage payments
- Retention monies
- The role of bonds
- Credit insurance
- Letters of credit
Constructive performance obligations
- Specific performance
- Condition precedents
- Delivery
- Force majeure
- The doctrine of frustration
Managing the contract
- Payment mechanisms
- Contract guides
- Service levels
- Audit rights
- Dealing with change
- Delegation
- Contract programme and governance
- Change management
Practical drafting exercise: Drafting contract terms
In this session participants will practise drafting contract terms and receive practical advice and guidance on how they can develop in this area.
Day 2
Key clauses and how they are interpreted in different countries
- Best efforts and reasonable endeavours
- Confidentiality clauses
- Penalty clauses
- Assignment clauses
- Termination
- Post-contractual obligations
Making defences to breach of contract
- Misrepresentation
- Duress
- Mistake
- Negligent misstatement
Termination and variation - understanding how and when contracts end
- Duration
- Remedying defaults
- Events
- Liquidation
- Change of control
- Post-termination
- Variation of contracts
Limit contractual risk for your organisation
- Identifying the areas of potential claims
- Examining claims in contract
- Examining claims in tort
- What are the claims under other headings?
- Insurance
Successfully resolving contractual disputes and exit
- Drafting key provisions to minimise the risk of disputes
- ADR clauses
- Arbitration - institutional or ad hoc
Practical drafting exercise: standard contract terms
- In this session participants will draft standard contract terms based on the skills and knowledge developed during the day under the guidance of the expert trainer.
- Some typical agreements
This session will review the terms and conditions of some typical agreements to illustrate how to avoid the legal pitfalls and challenges faced.
- Service
- Supply
- Manufacture
- Licensing
Practical workshop: drafting and understanding boilerplate clauses with sample clauses and pointers
- General Provisions
- Confidentiality
- Costs
- Assignment
- Entire agreement
- Notices
- Law of the contract
- Jurisdiction
Day 3
Module Two: International Contract Negotiation
Essentials of negotiations
- Effective negotiators
- Negotiation models
- Objectives
- Strategies
- Frameworks
- Perceptions
Preparing for negotiations - setting objectives and selecting strategy
- Preparation questions
- BATNA/ZOPA/target
- Power, interests and positions
- Selecting a strategy
- Creating value
- Preparation in a hurry
Negotiating across national and organisational cultures
- Mapping national cultures
- Reconciling differences
- High and low context
- Types of collaborations
- Trust
Negotiating styles
- Recognising your style
- Learn how to adapt your style for greater success
- Identifying styles
- Adapting styles
- Practising different negotiating styles
Practical workshop: negotiation of legal and commercial clauses
Communication skills
- Effective listening
- Effective telling
- Body language
- Silence
- Telephone and Internet
Situation tactics or ploys and counterploys
- Creating the right atmosphere
- Seating
- Threats/insults
- Interruptions
- Emotional appeals
- Making and reinforcing a final offer
- Encouraging closure
Negotiation clinic: discuss recent challenges you have faced
- Get your queries answered on recent challenges you have faced in negotiations and learn how to overcome them.
- Personal action plans
Day 4
Module Three: Liabilities and Damages in International Commercial Agreements
Identifying the areas of risk
- The areas of potential claims
- Claims in contract
- Claims in tort
- Claims under other headings
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 liabilities
- Liability for personal injury or death
- Liability for late delivery and/or performance
- Maximum aggregate damages
- Fundamental breach
- Different country examples
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 vs Makdessi
Workshop: Exclusion and liquidated and ascertained damages clauses
Force majeure, frustration and economic hardship
- The concept of force majeure
- Changing circumstances and unforeseen events
- Hardship clauses
- Defining the events
- Typical claims
- The termination period
- Re-execution/renegotiation
- The doctrine of frustration
Workshop session: drafting exercises
During this session, delegates will be given drafting exercises to put what they have learnt into practice.
Day 5
Direct, indirect and consequential damages
- 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
Choice of law governing the contract
- 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
Litigation, arbitration and alternative dispute resolution
- Choice of arbitration
- Drafting of an arbitration clause
- Avoiding pathological clauses
- Alternative dispute resolution
- Conciliation, mediation and ADR
- Enforcement
For more information about this training visit https://www.researchandmarkets.com/r/l58ph3
About ResearchAndMarkets.com
ResearchAndMarkets.com is the world's leading source for international market research reports and market data. We provide you with the latest data on international and regional markets, key industries, the top companies, new products and the latest trends.
