English Contract Law for International Lawyers - Paris
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** NEW DATES - 30th May to 1st June 2012 **
Many international commercial agreements are subject to English law and often non-UK lawyers are faced with unfamiliar legal concepts and requirements. To overcome these hurdles and to help lawyers become truly international, Euromoney
Legal Training has created this practical and interactive training course.
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Course Instructor:
Arun
Singh
Course dates
Course overview
Many international commercial agreements are subject to English law and often non-UK lawyers are faced with unfamiliar legal concepts and requirements. To overcome these hurdles and to help lawyers become truly international, Euromoney Legal Training has created this practical and interactive training course.
Regularly updated, the course aims to provide you with the principle elements of English law and in particular the main provisions of English contract law. It is highly participative with several practical case studies and workshops throughout the three days.
How this course will help you:
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Negotiation and formation of a contract
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Drafting contracts under English law
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Variation, waiver and Estoppel
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Termination of a contract and remedies for breach of contract
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Equity and trusts
- Applicable law
Who should attend:
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In-house lawyers in financial institutions
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Bankers concerned with the negotiation of loans
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Bank executives involved in the documentation of loans
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Lawyers in private practice who advise clients on loan agreements
- Corporate counsel
Day 1
The common law: nature and methodology
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What is the ‘common law’?
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The role of judge-made law
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The authority of case-law
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Consensual and non-consensual liabilities
Workshop 1: Analysing a common law case
Participants analyse a law report, consider the basis of the judgement and evaluate its significance for the future.
Formation of contract (1)
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Agreement
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Offer
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Acceptance
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Termination of offer
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Special cases
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Form
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General rule
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Statutory exceptions
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Deeds
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Consideration
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Adequacy
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Past consideration
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From the promisee
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Value
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Special cases
Formation of contract (2)
Workshop 2: Formation of contract
Participants consider the course of realworld negotiations and apply the common law’s approach to the formation of contract.
Formation of contract (3)
Workshop 3: The nature of precontractual documents
Participants study the wording and effect of pre-contractual documents
Pre-contractual undertakings
Workshop 4: Negotiating and drafting pre-contractual undertakings
Participants take the roles of parties to a transaction where the party seeking a facility is asked to provide a corporate undertaking.
Day 2
The contents of the contract (1)
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Express terms
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Common terms
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Representations
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Warranties
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Undertakings
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Conditions
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Implied terms
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Terms implied ‘in fact’
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Terms implied in law
The contents of the contract (2)
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Standard terms
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Exemption clauses
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Legislative limitations on standard terms
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Other standard terms
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UNIDROIT Principles of International Commercial Contracts, 1994
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The Principles of European Contract Law, 1998
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Parties
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Privity of contract and its exceptions
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The Contracts (Rights of Third Parties) Act 1999
Workshop 5: Construction of contract terms
Participants consider the court’s interpretation and application of contractual terms in contracts of insurance and shipbuilding.
Drafting contracts under English law (1)
Drafting contracts under English law (2)
Workshop 7: Drafting Force Majeure clauses
Participants draft a clause that will avoid the application of the common law doctine of frustration.
Day 3
Transfer and variation
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Assignment
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At law
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In equity
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Statutory assignments
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Novation
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Variation
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Rescission
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Waiver
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Other variation
Workshop 8: Variation and discharge
Participants consider a case study regarding variation and discharge of contract by the terms of the payment instrument.
Termination of contract
Workshop 9: Damages in contract
Participants consider a real-life scenario and determine how damages should be assessed.
Equity and trusts
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The equitable jurisdiction
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Trusts: Their use and structure
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Legal and beneficial interests
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Intention to create a trust
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Identifying trust property
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Duties of trustees
Applicable law
Centrally located hotel in Paris, Paris, France
This programme takes place on a non-residential basis at a hotel in central Paris. Non-residential course fees include training facilities, documentation, lunches and refreshments for the duration of the programme. Delegates are responsible for arranging their own accommodation, however, a list of convenient hotels (many at specially negotiated rates) is available upon registration.
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Arun Singh
Course Director - Professor Arun Singh, OBE, FRSA
Professor Arun Singh is an international lawyer and consultant to an international law firm. He was formerly a partner and Head of International Commercial Law at KPMG Legal globally. Arun is cited and ranked in Chambers Guide of the World’s Leading Lawyers. He specialises in international investment, joint ventures, licensing of technology, R & D, M&A,
energy, outsourcing and corporate governance globally. Arun has worked with clients such as Standard Chartered, Bank of China, KPMG and Motorola to build effective crosscultural business teams.
He is a Visiting Professor in International Business, Leadership and Negotiations at Salford University Business School, Senior Associate of Oxford University’s Institute of Legal Practice, a Visiting Lecturer to Cambridge University and a Visiting Fellow to Leeds University Business School where he focuses on leadership, cross-cultural dynamics
in international business and international trade and investment. He has run training programmes globally.
Arun is the non-executive director of an international investment fund listed on the London Stock Exchange and Chairs another international investment company where he approves and selects investments, their acquisitions, sales and their structures.
Arun was appointed an OBE by HM the Queen in January 1999 for services to international trade, investment and intercultural management.
Arun is an editor and contributor to a number of publications, in April 2010 his book on Business and Contract Law was published by Thorogood.
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Interested in holding this course in-house? Please fill out your details and a member of our team will be in touch with more information.
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Course dates