281323

Drafting International Contracts – Trumps and Traps in International Sales, Agency and Distributorship

HAMBURG , GERMANY

from May 24 to May 25, 2019

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  • 2019-05-24 08:30:00 2019-05-25 18:00:00 Europe/London Drafting International Contracts – Trumps and Traps in International Sales, Agency and Distributorship HAMBURG, GERMANY UIA
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Presentation

#UIAInternationalContracts

 

Seminar presented by the UIA International Sale of Goods Commission and the UIA Contract Law Commission with the support of the Hamburg Bar (Hanseatische Rechtsanwaltskammer)

Selling its products and services is of key importance for almost every business. These sales and promotion activities often require the deployment of agents, distributors or other distribution intermediaries. This does not only apply to sales and promotion on a national level, but even more on an international level, as a growing number of companies is expanding internationally.
In doing so, they face new issues regarding the negotiation and drafting of international contracts.  Even within a common market, such as the European Union, laws differ from country to country.  Businesses selling in other countries are forced to deal with complex issues which arise in international contracts. Choosing one’s own national law does often not avoid these complex issues.
This seminar organised by the UIA in Hamburg will analyze the basic issues of cross-border contracts with reference to three types of contracts more commonly used by those who approach a foreign market (sales, commercial agency, distributorship), and at the same time focus on the drafting of the clauses more commonly used. The seminar intends to give the participants a clear overview of the basic principles governing international contracts, through clear and effective contractual clauses. In respect to international sales contracts it is important to know the Vienna Convention on International Sales of Goods and Incoterms of the International Chamber of Commerce.
In order to attain this goal, a group of highly qualified speakers having at the same time a high-level profile and a practical experience in drafting and negotiating International contracts has been selected.

The main arguments discussed during the seminar will be:

• International sales contracts:
´ General conditions of sale and negotiation of the respective clauses
´ Clauses regarding delivery; Incoterms
´ Non conformity
´ Limitation of liability
´ Arbitration
´ Choice of court agreement under EU Regulation 1215/2012
• Agency and distribution contracts:
´ Protection of agents in the EU
´ Exclusivity and non-competition clauses
´ Recent trends in goodwill indemnity
´ EU antitrust rules
´ Internet sales

Mark your diaries now, save the dates and make sure to register!

We are looking forward to welcoming you to Hamburg!

Organising Committee

  • Organising Committee

    Philipp LANDERS Ahlers & Vogel Rechtsanwälte PartG mbB
    Christoph OERTEL Brödermann Jahn Rechtsanwaltsgesellschaft mbH
    Martin WIEBECKE Vice President of the UIA International Sale of Goods Commission, Anwaltsbüro Wiebecke
    Mario KROGMANN President of the UIA German National Committee, Blaum Dettmers Rabstein
    Jean-Paul VULLIÉTY President of the UIA International Sale of Goods Commission, Lalive
    Milagros POAL-MANRESA CANTARELL President of the UIA Contract Law Commission, SinergiaDR

Place

  • FAIRMONT HOTEL VIER JAHRESZEITEN

Programme

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23 result(s)
  • 19:00 - 21:00

    INFORMAL GET-TOGETHER

  • 8:45 - 9:15

    REGISTRATION OF PARTICIPANTS

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 9:15 - 9:30

    WELCOME AND OPENING OF THE SEMINAR

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 9:30 - 10:05

    The CISG – a major trump in the field of International Sales Contracts

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 10:05 - 10:40

    Claims for non-conformity of the goods? How to address them in the contract? How to deal with them once a non-conformity is discovered? What about liability limitation?

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 10:40 - 11:00

    COFFEE BREAK

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 11:00 - 11:35

    The use of general conditions of sale (or purchase). When are they effective?

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 11:35 - 12:10

    CISG and arbitration: the winning pair

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 12:10 - 13:45

    LUNCH

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 13:45 - 14:20

    Methods of payment – how to best secure your payment

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 14:20 - 14:55

    Why to avoid an (even valid) exclusion of the CISG

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 14:55 - 15:15

    COFFEE BREAK

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 15:15 - 15:45

    General Introduction to the session on distribution: Organising an International distribution network

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 15:45 - 16:20

    Post-termination provisions (and problems) in agency and distributorship agreements

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 16:20 - 16:40

    COFFEE BREAK

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 16:40 - 17:15

    Exclusivity and non-competition clauses in commercial agency and distributorship contracts

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 17:15 - 17:50

    Goodwill indemnity and similar rights of agents in agency and distributorship contracts: European directive and the laws of the member states

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 19:30 - 21:30

    OPTIONAL DINNER

    VLET an der Alster Restaurant
  • 9:00 - 9:15

    REGISTRATION OF PARTICIPANTS

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 9:15 - 10:30

    Complying with EU antitrust rules

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 10:30 - 10:50

    COFFEE BREAK

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 10:50 - 11:30

    ROUNDTABLE WITH ALL PARTICIPANTS – questions from the audience

    FAIRMONT HOTEL VIER JAHRESZEITEN
  • 11:30 - 11:45

    CLOSING REMARKS

    FAIRMONT HOTEL VIER JAHRESZEITEN

Download the seminar programme and the registration form.

SEMINAR VENUE

FAIRMONT HOTEL VIER JAHRESZEITEN
Neuer Jungfernstieg 9-14
20354 Hamburg
T + 49 (0) 40 3494 3188

REGISTRATION FEES

UIA MEMBER

On or before April 24 : € 395*
From April 25: € 445*

UIA MEMBER  - YOUNG LAWYER (<35) **

On or before April 24: € 345*
From April 25: € 395*

NON-MEMBER

On or before April 24: € 445*
From April 25: € 495*

NON MEMBER  - YOUNG LAWYER (<35) **

On or before April 24: € 395*
From April 25 : € 445*

* The VAT (19%) can be applied to the amount stated above according to the European Directive 2006/112/CE of November 28, 2006. If you provide an EU VAT ID number, the VAT will not be charged. For more information, please contact the UIA.
** Please attach proof of age to the registration form to benefit from young lawyers fee

CONTINUING LEGAL EDUCATION

Every participant attending the seminar will receive a “Certificate of Participation” at the end of the event that may be to obtain “Credits” for “Continuing Legal Education” - “Continuing Professional Development” purposes, depending on national rules.  For more information, please contact the UIA.

LANGUAGE

The working language will be English.

CANCELLATION CONDITIONS

All cancellations will be subject to a 50% deduction and will have to be sent in writing, to be received by the Union Internationale des Avocats no later than April 24, 2019. No refund will be made for cancellations received after this date.

VISAS
Anyone who requires a visa invitation letter in order to attend the seminar should register and pay their registration fees no later than April 24, 2019 to ensure there is enough time to obtain a visa.

All cancellations will be refunded in full, minus €50 + VAT to cover administrative costs, provided that the UIA has received the registration documents and total registration fees no later than April 24, 2019.

If you register after this date, only 50% of the amount paid minus €50 + VAT to cover administrative costs will be refunded for cancellations due to visa refusals.

All cancellations due to a visa refusal must be sent in writing and reach the UIA before the seminar. Cancellations must be accompanied by a proof of visa refusal.
If your visa is issued after the seminar date or if you do not have proof of visa refusal, you will not be entitled to a refund.

GENERAL CONDITIONS

All registrations received by the Union Internationale des Avocats (UIA) along with the full payment of fees corresponding to the events selected will be confirmed in writing.

The UIA reserves the right to cancel or postpone the seminar to a later date, change the seminar venue and/or programme, make any corrections or modifications in the information published in the seminar programme and cancel any invitation to participate in the seminar, at any time and at their entire discretion, without having to provide any reasons for the same.
Neither the UIA, nor any of its managers, employees, agents, members or representatives shall be held responsible for any loss or damage, of any nature, suffered (directly or indirectly) by a delegate, accompanying person or a third party following any cancellations, changes, postponements or modifications.
The UIA strongly advises participants to subscribe to modifiable and/or refundable services, as well as to take out a cancellation insurance.

Neither the UIA, nor any of its managers, employees, agents, members or representatives shall be held responsible for any loss or damage, of any nature whatever, suffered (directly or indirectly) by a delegate or accompanying person, except in case of death or personal injury due to gross negligence by the UIA.

The contractual relations between the UIA and each participant (delegate or accompanying person) in relation to the seminar are subject to French law and jurisdiction, to the exclusion of any other law. Paris is the city of jurisdiction.

FORMALITIES
It is the responsibility of participants to ensure compliance with police, customs and health formalities for their journey. Participants unable to take part in the seminar because of their inability to take a flight or any other means of transportation due to being unable to provide the documents required (passport, visa, vaccination certificate, etc.) cannot claim any reimbursement.

FORCE MAJEURE
“Force majeure” means any events external to the parties, of both an unforeseeable and insurmountable nature that prevents either the client or the participants, or the agency or service providers involved in organising the seminar, from executing all or part of the obligations provided for in the present agreement. By express agreement, such will be the case in the event of a strike affecting the means of transport, hotel staff, air traffic controllers, an insurrection, a riot or any prohibition whatsoever decreed by governmental or public authorities.

It is expressly agreed that for the parties, a case of force majeure would suspend the execution of their reciprocal obligations. At the same time, each of the parties shall bear the burden of all the expenses incumbent upon them, resulting from the case of force majeure.

HEALTH
The organisers decline any responsibility in case of any health problems existing prior to the seminar that may lead to complications or be aggravated during the entire period of the stay: pregnancy, cardio-vascular problems, any allergies, special diets, any disorders under treatment and not yet consolidated on the day the seminar starts, psychic or mental or depressive illness, etc. (Non exhaustive list).

Privacy Policy

The personal data that you communicate to us shall be processed by the International Association of Lawyers (UIA – Union Internationale des Avocats), with its registered office at 20 rue Drouot, 75009 Paris (Tel: +33 1 44 88 55 66 - Fax: +33 1 44 88 55 77 - privacy@uianet.org), in accordance with Act No. 78-17 of January 6, 1978 relating to data, files and freedoms and Regulation No. 2016/679 on data protection, as of its entry into force on May 25, 2018. Your data will be managed by UIA's General Services,

Events and Accounts Section:
• For the purpose of administering your registration for the event and your on-site access to the event;
• In order to pay for the selected services - your bank details will be deleted after receipt of your payment;
• In order to communicate information messages from UIA.
To the extent necessary for the execution of their respective tasks, our subcontractors in charge of our seminar organisation, our IT infrastructure, our management, the production and maintenance of our website and extranet, are likely to gain access to your data from time to time. Their servers are located in the European Union.
Data relating to your participation in the event shall be stored for a period of 10 years. We are obliged to archive billing data until the end of the period required for our tax and accounting obligations, i.e. for 7 full tax years. We shall store your contact information to keep you informed until you ask us to stop. You have the right to access your data and have it corrected if necessary.

You may object to any processing of your data undertaken by us for the purposes of our legitimate interests. If you wish for more information, or to lodge a complaint, please contact CNIL (French Data Protection Authority).

HOTEL RESERVATION

A limited number of rooms have been pre-booked at a preferential rate at the Fairmont Hotel Vier Jahreszeiten. Reservations should be made directly through the hotel. Credit card details must be given in order to secure your reservation. Please note that the number of rooms is limited. We recommend that you proceed with your reservations as soon as possible.

FAIRMONT HOTEL VIER JAHRESZEITEN (5*)
Seminar Venue
Neuer Jungfernstieg 9-14
20354 Hamburg
Germany
T +49 (0) 40 34 94 3151 / 3125
F +49 (0) 40 34 94 26 06
reservations.hvj@fairmont.com
https://hvj.de/en/

Run of House rooms
Single occupancy:   EUR 295
Double occupancy:  EUR 320

Breakfast and taxes included

Reservations should be made by phone or by email.
To benefit from the preferential rate, indicate the booking code: UIA SEMINAR

Please make your reservation by May 3rd to ensure availability

*****

We recommend the following nearby hotels from lower categories (rates indicated on an indicative basis from the Website www.booking.com – please contact directly the hotels to check the rates according to the availability):

- ALSTERHOF 3* at 400 meters from the venue (from € 95)
- HOTEL LINDNER AM MICHEL 4* – at 1.3 km meters from the venue (from € 101)
- TORTUE HAMBURG 4* – at 700 meters from the venue (from € 145)
- HOTEL NH COLLECTION HAMBURG CITY 4* – at 1.3 km meters from the venue (from € 150)
- RENAISSANCE HAMBURG HOTEL 5*– at 600 meters from the venue (from € 178)
- PARK HYATT HAMBURG 5* – at 1.2 km from the venue (from € 179)
- SCANDIC HAMBURG EMPORIO 4* – at 800 meters from the venue (from € 182)

Information and Registration

Destination

Credits

The UIA had obtained the following accreditations :

  • 7 hours of legal training

Partners

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