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International Contracts .pdf



Nom original: International Contracts.pdf
Titre: International Contracts

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Executive Training

International Contracts

A few words from the Director
Conceiving, negotiating, writing, anticipating, resolving conflicts and making
international contracts work is a daily challenge.
This detailed and in depth training is aimed at company lawyers, executive
directors, lawyers, accountants and any executive, as well as all those who wish
to be a part of any of the steps required when establishing an international
contract.
This training experience offers a practical and A to Z approach to writing an
international contract. We have founded out training program with more than
25 years of experience in the latter, and knowledge of all 5 continents in terms of
law. We constantly keep our training program up to date, and renew any details
of it when laws and regulations evolve and change.
The entire training takes place in New York City, which has for the past 100
years been the center of international contracts and international law. All our
professors and professional trainers are lawyers and experts in the matter,
especially in International contracts and commercial Law.

Olivier Chazoule,
International Lawyer. LLM,MBA
Director of Studies BFMS.NY

Olivier Chazoule
Director of Studies

Day 1 (1/3)
8:15am:Arrival of participants with a Welcome Breakfast
9:00am: Training

Framework ofcontracts

Contract Law within the Stateof New York
The international Chamber of Commerce in Paris

Should we get rid of incoterms?




What is an international contrat? What makes the quality
and definition of an international contract?




Common Law contracts vs. Civil Law contracts
Contracts between two parties from different systems of
Law

10:30-10:45 am. Break withrefreshments








Clauses of conferring jurisdiction
Choice of the type of Law used in the contract
Principles of libertyof choice
The case of an absence of choice
Applicable Law
Rome convention of June 12th 1980 (referring to the law,
applicable to contractual obligations).
Forum of choice and competent jurisdiction.
Validity of the clauses and choices
Implementation
Elements taken into account by the judge
Re-qualification of contracts
o The predicamentsof translations
o The language of a contract: a hint regarding the
qualifications of the judge.
o The loss of quality of a civil Law contract due to its
interpretation throughcommon law.
o Consequences

Elements of a contract
Various components

Civil Law

Common Law

New York State Law

International Conventions

Vienna Convention of 1980

Framework

Applicability

Practical use

Validity

Voids Contracts








10:45am: Training resumes

•Convention of 22 December 1986 on the Law Applicable to
Contracts for the International Sale of Goods

Day 1 (2/3)
o

Reasons for invalidityof contract
Contract cancelled

Breach of contract

Remedies

Potential mitigation

Mitigation obligation

Common Law

New York State Law

No mitigation obligation

The civil Lawangle


12: 30-2pm: Lunch in a Wall Street restaurant

2pm: Training resumes
General clauses and specific aspects of international contracts
• Financial clauses


Exception clauses




Unavoidable accident clauses – casus fortuitus
Hardship clauses

4pm-4 :15pm Break withrefreshments
4:15pm: Training resumes
The main types of international contracts
Distribution

Concession

Production

Contrat of international agents

Laws of Agency (Common Law)

Laws of Agency (State of New York)

Particular points anddetails

Most frequent mistakes

Loyalty under obligation

Transport

Construction

Patents

Copyrights

Engineering

Chemistry

Biology

Joint ventures


Day 1 (3/3)
International Law


E.U. rules andregulations



Chinese Law



Applicability



Choice of the right Law, applicable to said contracts



Most frequent mistakes and how to avoid them



Effectiveness of due diligences



Taking into account all national, regional, and
international laws applicable to said contracts.



Triple obsoleteness of clauses: national law, regional laws
(E.U, Asia, Americas, and so forth.) and international law.



Important not to forget periodic changes and check-ups



Plan amicable resolution for economic conflicts and
discordsMediation



Clauses



Echange of information and account

6pm: End of the day

Day 2 (1/2)
8:15am:Arrival of participants with a Welcome Breakfast
9:00am: Training
Civil Law








General Conditions
Limited duration
Judicial identity of said parties
Common law
General conditions
Establishment
Difference in framework and substance Civil
Law / Common Law
International Law
The necessity of a precise declaration and legal

framework for international contracts

The establishment of an international contract
Offer

Acceptance

Silence

Irrevocability

Reliance

Statutes offraud



Contracts for the sale of goods and UCC
rules

10:30-10:45am. Break with refreshments

Day 2 (2/2)
10:45am: Training resumes
Causes of invalidity for an international contract - The strong
influence of New York State Law on international contracts.
Preexisting duty rule

Duress

Good Faith and Fair Dealing

Fraud

Misrepresentation

Non-disclosure

Breach of warranty

Unconscionability

Public Policy

Good faith inperformance


12:30pm-2pm: Lunch in a Wall street restaurant
2pm: Training resumes
Elements excusing the non-performance of a contract: the concept
Express conditions

Mitigating doctrine

Conditions of exchange

Material breach

Performance before payment

Harshness

Guilty party

Mistake

Impracticability

Recovery


4pm-4:15pm Break with refreshments
4:15pm: Training resumes
The remedies:
Preexisting duty rule

Specific performance

Restitution

Reliance

Expectation damages

Measuring loss in value of performance

Diminished market value

Cost of performance

The damages
The substantial risks in terms of international contracts
A foreign judge

A foreign Court

Measure of damages varies from a country to another

The criminalization of contract law in specific countries : E.U. countries,
France, China, U.A.E. , Saudi Arabia, Etc
Limitations on expectationdamages
Foreseeability

Certainty

Liquidated andstipulated damages


6pm: End of the day

Day 3 (1/2)
8:15am:Arrival of participants with a Welcome Breakfast
9:00am: Training

10:45am: Training resumes
Negotiation of international contracts (2)

The negotiation of international contracts
Real-life situations

Specific precautions



















Legal framework on a national scale (US)
Legal framework within a regional scale (EU)
Legal framework on an international scale (UN)
Anti-Money Laundering issues and AML rules,
Patriot Act, originof Funds







Economic sanctions that are applicable on an
international scale
Controls on technological transfers
Controls on transfers of elements of highsensitivity (IT secrets, statesecrets)





The choice of advice and guidance
Negotiation techniques for international contracts




Annexes
Documents
Proof



10:30 am-10:45am: Break with refreshments






Financing and insurance
Financing through banks
Complex financings through banking systems
Public financing on a national and regional level
Offshore financing
International public financing
World Bank, AIIB,etc.
Complex contracts IMF, UN rules.
Exchange guarantees
Swaps
‘Upon first demand’guarantee
Traditional insurance
Hedging
Payment terms
Real estate transfers
Appeals
Due diligences prior to the signing of the contract

12:30pm-2pm: Lunch in a Wall street restaurant

Day 3 (2/2)
2pm: Training resumes
This part of the training is dedicated to specific advice and
consulting as well as drafting of international contracts.

4pm-4 :15pm break withrefreshments
The second part of this last afternoon of training will be focused
around techniques and methods in order to reach amicable
solutions after conflicts, when contracts are executed.
Managing conflicts


Mediation



Arbitration



Trial



Negotiation



Settlement

6pm : End of the day

Contact
The Business, Finance and Management School
of New York

1350 Avenue of The Americas, New York,
NY 10019 (USA)

Tel/Text/WhatsApp : (646) 765-5151
Email : info@bfmsny.com
Website: www.bfmsny.com


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