Drafting International ContractsNordic School of Contract and Commercial Management
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Undervisning af førende praktikere og specialister
Foretrukken uddannelsespartner for lang række statslige myndigheder
Drafting International Contracts
Daily contract activities are increasingly focused on negotiating and drafting contracts in English, subject to different choices of law, e.g. Danish, German, Swiss, English, French or US law.
But how does the choice of e.g. Danish, Swiss or English Law influence e.g. the interpretation of the contract and the validity of limitation of liability and penalty clauses?
And what about the effect of best efforts, force majeure and termination clauses? What should the prefered choice of law and jurisdiction be?
And how should the clauses be formulated in order to have the expected effect?
Learn to integrate advanced legal considerations when negotiating and drafting contracts
By taking this course, you will understand the basic legal considerations when negotiating and drafting international commercial contracts, subject to different choices of law and jurisdiction. You will be able to understand the most important differences between common and civil law, and how you must adress this when negotiating and drafting international contracts.
You will also be able to understand the "mindset" of negotiaters and drafters from other jurisdictions better, and by doing that, you will be better to propose and implement the necessary solutions to the benefit of your organisation or client.
This course is elegible as obligatory continuing education for lawyers.
The course will initially focus on the legal method which is necessary to consider when drafting international commercial contracts. Then, a selection of the most important contract clauses will be analyzed from the point of view of negotiating and drafting the best possible clause for the particular purpose and circumstances of the contract, including choice of law and jurisdiction. Among others, the following clauses will part of an analysis:
- Letters of intent, Non-disclosure and Recitals
- Interpretation clauses and good faith and fair dealings
- Best efforts clauses
- Penalty clauses
- Limitation of liability clauses
- Force majeure and hardship clauses
- Termination and post-contractual obligation clauses
- Law and venue clauses
The background law must be considered, and the most important differences between drafting techniques in civil law and common law will be highlighted, with a basic reference to Danish contract law and international contract rules and principles.
The course is interactive, and requires you to participate in discussions and exercises.
As part of the course there will be a comprehensive collection of materials (approx. 200 pages of contracts, laws, cases etc.). The material is accessible via NSCCM´s homepage 14 days before the course begins.
The typical participant work as a lawyer, a contract manager or inhouse counsel in an SMV, export company, a multinational company, in a public procurement organisation or act as an advisor for such company or organisation.
The participant has a legal background or considerable experience with drafting contracts in English. She/he has a desire to understand different legal cultures and negotiation styles better, so daily negotiations and contract drafting can be more efficient and with fewer conflicts or the participant simply wants to make better contracts that works.
Participants need to be reasonably fluent in English.
Exam and Certification
There is no exam.
A course certificate will be issued if required.
The course Drafting International Commercial Contracts costs 10.000 DKK / 1.350 euro excluding VAT.
NSCCM - Nordic School of Contract and Commercial Management NSCCM er Nordens førende uddannelsescenter inden for contract and commercial management. Vi er foretrukken uddannelsespartner for en lang række statslige myndigheder, regioner og kommuner samt for private virksomheder. Vi udbyder kurser...
Nordic School of Contract and Commercial Management
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