Contract drafting - the key clauses
This course, will provide guidance on key clauses (and related issues) typically found in international commercial, contracts in English. This will be a hands-on course with frequent drafting tasks for participants to undertake. The course will also highlight differences between contract law in Sweden and in common law countries.
The course will be given by David Fletcher, an English solicitor who is a frequent lecturer in Scandinavia. He gives contract-drafting courses, both general and in-house, in a number of countries including Sweden, Denmark, Germany and Finland.
The course materials will include comprehensive notes, a bank of sample contract clauses, useful websites and addresses and a guide to English contract law terminology.
- Lawyers in practice or in-house counsel who deal regularly with agreements written in or translated into English
- Lawyers from firms or companies currently involved in little international work, but who are predicting or planning an expansion of this area
- Procurement managers/officers who deal regularly with international procurement agreements
- Government lawyers who work on cross border agreements
- Senior company executives wishing to enhance their understanding of and ability to write legal documentation in English
- Secretaries attached to in-house departments or government offices
- Secretaries to senior company executives who handle a range of communications, including contracts written in English
Näringslivets Hus, Storgatan 19, Stockholm.
Utdrag från programmet
The course will, inter alia, deal with the following items:
- Legal English key terminology
- Structuring a contract
- Payment clauses
- The difference between warranties, guarantees, indemnities, representations, covenants.
- Sales targets clauses
- Limitations/exclusions of liability
- Direct and indirect damages
- Default and remedies
- Boiler plate provisions
08.30-09.00 Registration and smaller breakfast
09.00-12.30 Start of course: Topics/clauses covered in the morning will include:
- Drafting a clause in legal English key terminology
- Structuring a contract.
- Parties. Ensuring that the parties are clearly defined. The position of third parties.
- LOI´s / MOU´s. No contract, no problem? Avoiding the pitfalls.
- Consideration and payment clauses. Earn-outs in Company Sales and Acquisitions. ROT and English clauses.
- Warranties, guarantees, indemnities, representations, covenants. What is the difference between them?
- Repeating reps and warranties.
13.30-16.20 Course continues: Topics/clauses covered in the afternoon will include:
- Measuring performance. "Best and reasonable effort/ endeavour". Sales targets clauses.
- Limitations/ exclusions of liability and "caps". Minimizing risk. "Inclusion" clauses.
- Direct and indirect damages: the implications of recent case law
- Default and remedies. Terminating for breach (material, substantial or serious?)
- Liquidated damages clauses v penalties.
- Restrictive covenants. Drafting non-compete and non-solicitation clauses and other restrictive covenants
- Boiler plate provisions e.g. force majeure clauses, whole agreement clauses, severance clauses, notices clauses.
- Dispute resolution. Avoiding the pitfalls (e.g. Italian torpedoes).
16.20-16.50 Key Clauses - specific contracts
16.50-17.00 Course round-up and end of course.
The course fee is 11900 sek, including course materials, meals and refreshments in accordance with the above programme agenda. VAT excluded.
Mr David Fletcher, solicitor, who has lectured to Scandinavian audiences on these topics on numerous occasions. He combines legal qualifications and experience (he has also qualified as a barrister) with linguistic expertise. He specialises in Company/Commercial and UK and EU Competition Law. He gives contract drafting courses in a
number of different countries including Sweden, Denmark, Germany and Finland
Examen, diplom m.m.
The course fulfils the Swedish Bar Association (Advokatsamfundet) demands on professional training of lawyers and comprises 7 qualifying course hours. Certificates sent to participants after the training.
Snittbetyg: 4,3Baseras på 18 recensioner.
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