Effective Commercial Contracts: An International Perspective

07 June 2011

Today in-house counsel are increasingly required to have effective international commercial contracts. Businesses seek to rationalise their portfolio of contracts and achieve, if possible, 'one size fits all' provisions.  This seminar looks at the various implications of key contractual terms and the way that they are interpreted in various jurisdictions within Europe.

The seminar will look at the impact on these international contracts and the new Bribery Act 2010. How will you deal with third parties from now on?

Employment lawyers will also give a general overview as to ways in which employment  law can be managed on a cross border  basis and how, for example, restrictive covenants operate across jurisdictions and how you best navigate data protection requirements in an HR context.

Further, practical suggestions will be given to Counsel on ways to gather practical commercial advice from various jurisdictions and have it presented in a uniform way at a fixed cost.

Issues around the cultural understanding (and misunderstanding) between different jurisdictions will be interwoven throughout the morning with a leading speaker in the area of cross global business cultural understanding.

We hope you will be able to join us.

For further information, or to register to attend this seminar please contact the Events Team at events@twobirds.com or call +44 (0)20 7415 6000.

The programme

08.00 - 08.30
Registration and breakfast

08.30 - 08.45
Welcome and Introduction

Simon Shooter, Partner, Bird & Bird

08.45 - 10.15
The Long Journey to Pan-European Contract Law

  • 'Direct' and 'consequential' loss: a cross border view
  • Limitation of liability
                 - warranties

                    - liquidated damages and penalties

                    - limitable and non-limitable liabilities

                    - intentional abandonment of contract

Fabian Niemann, Partner, Bird & Bird
Sarah Pearce, Senior European Consultant, Bird & Bird

10.15 - 10.30

10.30 - 11.30
International HR Considerations

  • Contractual clauses which work
  • Restricted convenants that operate cross-border
  • How you best navigate data protection requirements in an HR context

Philip Hartman, Partner, Bird & Bird

11.30 - 12.00
Cross Jurisdictional Comparisons

  • Asking for practical commercial advice from multi country lawyers
  • Receiving clear guidance on "one size fits all" clauses that the business wants to use

Jane Player, Partner, Bird & Bird
Anna Shashina, Associate, Bird & Bird

12.00 - 12.30
Advising on Consequences on non-Localisation of Contracts

  • Escalation clauses – what works best?
  • Elephant traps to avoid

Sarah Walker, Partner, Bird & Bird

12.30 - 12.45

12.45 - 13.30
Bribery Act 2010

  • The Effect this will have on contracts with third parties
  • What will you advise businesses regarding adequate procedures
  • Procurement contracts: the effect of a conviction under the Act

Jane Player, Partner, Bird & Bird
Simon Shooter, Partner, Bird & Bird

13.30 - 14.00
What does that mean? Business Language Challenges

  • The way we say things: hearing what business people say
  • Why are the British poor communicators on the international stage?

Fabian Niemann, Partner, Bird & Bird