404470

Drafting Effective International Contracts – How to Tailor Liability and Ringfence Risks in International Sales and Distribution Contracts

PRAGUE , CZECH REP.

from April 18 to April 19, 2024

  • Print
  • 2024-04-18 08:30:00 2024-04-19 18:00:00 Europe/London Drafting Effective International Contracts – How to Tailor Liability and Ringfence Risks in International Sales and Distribution Contracts PRAGUE, CZECH REP. UIA
    Add To calendar

Presentation

#UIAPrague

Seminar presented by the UIA with the support of the Czech Bar Association

This seminar will analyse how to estimate, prevent and manage the parties “exposure” to damages in international commercial contracts.

In this context limitation liability clauses have a key role. In drafting such clauses parties should evaluate the possible type, entity of damage that may arise from the breach of contract and be sure that the clause limiting or excluding their liability will be effective. In this context, the use of the correct wording and knowledge of the true nature of damages under the applicable law of the contract is important.

The seminar shall address the issue of managing the risk of damages in the context of single sale contracts as well as in the context of supply chains.

During the seminar we will analyse the fundamental differences in the approach of common and civil law systems in contract drafting. We will examine and discuss with the participants real life practical examples of selected liability clauses after which participants will be involved in a workshop on drafting of liability provisions.

This first part the seminar will be followed by an analysis of some critical aspects such as how to prove the damages in case of breach of contract, how to collect the evidence, prove damages and evaluate the possible damages claims in case of litigation.

Legal experts, academics, practitioners and in-house counsels will share their experiences and exchange views on possible strategies to limit liability through contractual clauses on one side and, on the other side, once the contract has been breached, to effectively claim for damages.

We look forward to seeing you in Prague!

Organising Committee

  • Organising committee

    Mariaelena GIORCELLI President of the UIA International Sale of Goods commission, Bortolotti , Mathis & Associati, Turin, Italy
    Christoph OERTEL President of the UIA Contract law commission, Brödermann Jahn Rechtsanwaltsgesellschaft MBH, Hamburg – Germany
    Ernst GIESE Giese & Partner, S.R.O., Prague, Czech Republic
    Alexis BRUNET Secretary of the UIA In-House Counsels Commission ADM Germany Hamburg, Germany
    Diego Saluzzo President of the UIA Agrifood Commission, Grande Stevens Studio Legali, Turin, Italy

Place

  • GOETHE-INSTITUT TSCHECHIEN

Programme

Filter

28 result(s)
  • 18:30 - 21:30

    HOME HOSPITALITY COCKTAIL

  • 11:00 - 13:00

    UIA Forum Deutschsprachiger Mitglieder: Networking Event, Persönliches Treffen im Vorfeld des Seminars

    Sky Gallery, Bělehradská 132, 120 00 Prague 2, Czech Republic
  • 14:00 - 14:30

    REGISTRATION OF PARTICIPANTS

    Goethe-Institut Tschechien
  • 14:30 - 14:45

    WELCOME AND OPENING OF THE SEMINAR

  • 14:45 - 15:00

    ENGLISH AS THE LANGUAGE OF INTERNATIONAL CONTRACTS

  • 15:00 - 15:40

    DAMAGES FOR BREACH OF CONTRACT AND THE LIMITS OF COMPENSATION ACCORDING TO THE CISG AND INTERNATIONAL UNIFORM RULES

  • 15:40 - 16:20

    LIMITING LIABILITY FOR DAMAGES THROUGH CONTRACTUAL PROVISIONS

  • 16:20 - 16:50

    COFFEE BREAK

  • 16:50 - 17:20

    LIQUIDATED DAMAGES / PENALTIES CLAUSES ARE THEY EFFECTIVE?

  • 17:20 - 18:30

    WORKSHOP: DRAFTING AND DISCUSSING WITH PARTICIPANTS LIABILITY PROVISIONS USING CISG

  • 19:00 - 22:00

    COCKTAIL RECEPTION

  • 8:45 - 9:00

    REGISTRATION OF PARTICIPANTS

    Goethe-Institut Tschechien
  • 9:00 - 9:15

    KEYNOTE SPEECH: 10th ANNIVERSARY OF THE CZECH CIVIL CODE

  • 9:15 - 9:45

    HOW TO ESTIMATE THE FINANCIAL RISK ARISING FROM THE CONTRACTUAL RELATIONSHIP

  • 9:45 - 10:10

    DAMAGES IN SUPPLY CHAIN CONTRACTS AND WARRANTY CLAIMS

  • 10:10 - 10:40

    DAMAGES RELATED TO TRANSPORTATION, CARE AND CUSTODY OF THE GOODS

  • 10:40 - 11:10

    COFFEE BREAK

  • 11:10 - 11:30

    CALCULATION OF LOSS

  • 11:30 - 12:00

    THE BURDEN OF PROOF AND ASSESSMENT OF DAMAGES BY NATIONAL COURTS OR ARBITRAL TRIBUNALS

  • 12:00 - 13:30

    LUNCH BREAK

  • 13:30 - 14:00

    PANEL DISCUSSION: COLLECTING THE EVIDENCE TO PROVE DAMAGE /DAMAGES

  • 14:00 - 15:20

    WORKSHOP 2: MOCK CASE ON BREACH OF A DISTRIBUTION CONTRACT

  • 15:20 - 15:40

    COFFEE BREAK

  • 15:40 - 16:25

    HOW THE APPLICABLE LAW AND JURISDICTION IMPACTS ON DAMAGES. LIMITATION OF THE RECOGNITION OF A FOREIGN DECISION ON DAMAGES (THE ISSUE OF PUNITIVE DAMAGES)

  • 16:25 - 16:40

    FROM FARM TO FORK: MANAGING AND LIMITING SAFETY FOOD RISKS

  • 16:40 - 17:00

    THE NEW SUEZ CRISIS THREATENS THE WORLD ECONOMY: HOW CAN THE FOOD SUPPLY CHAIN SURVIVE INCREASED RISKS, LONGER CROSSINGS, AND UNCONTROLLED FREIGHT RATES?

  • 17:00 - 17:30

    GENERAL DISCUSSION & CLOSING REMARKS

  • 17:30 - 18:30

    MID-YEAR MEETING OF THE CONTRACT LAW AND INTERNATIONAL SALES OF GOODS COMMISSIONS

SEMINAR VENUE

Goethe-Institut Tschechien
Masarykovo nábřeží 32,
110 00 Prague 1, Czech Republic

REGISTRATION FEES

* The VAT (21%) 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

Fees include: 

  •  Attendance at all working sessions
  •  Seminar documentation
  •  Home Hospitality Cocktail on April 17
  •  Coffee breaks on April 18 & 19
  •  Cocktail Reception on April 18
  •  Lunch on April 19

 

Please note that the number of places at the seminar is limited. The organisers reserve the right to refuse registrations in the event of excess applications.

In order for your name to appear in the list of participants, which will be distributed during the seminar, your registration form must be received by on or before April 11. An updated electronic list will be sent by email to all participants, after the seminar.

CONTINUING LEGAL EDUCATION

Every participant attending the seminar will receive a “Certificate of Participation” at the end of the event that may be used 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.

HOTEL RESERVATION

Each participant should make his/her own arrangements for hotel accommodation in Prague. The seminar will take place at the Goethe-Institut Tschechien, Masarykovo nábřeží 32, 110 00 Prague 1. A few hotel suggestions nearby are:

MOSAIC HOUSE (4*)
500 meters from the seminar venue
Odboru 4,
120 00 Prague 2,
Czech Republic
T +420 277 016 880
Email: info@mosaichouse.com
Website: https://www.mosaichouse.com/en/

HOTEL UNITAS (4*)
550 meters from the seminar venue
Bartolomejska 9,
110 00 Prague 1,
Czech Republic
T +420 224 230 533
Email: unitas@unitas.cz
Website: https://www.unitas.cz/fr

EUROSTARS HOTEL (5*)
450 meters from the seminar venue
Narodní 13,
110 00 Prague 1,
Czech Republic
T +420 221 011 100
Email: info@eurostarsthalia.com
Website: https://www.eurostarsthalia.com/?referer_code=lb0bg00yx

AUREA LEGENDS (4*)
600 meters from the seminar venue
Distrito 1, calle Vladislavova 52/19,
110 10 Prague 1,
Czech Republic
T +420 732 358 324
Email: info@aurealegends.com
Website: https://www.aurealegends.com/

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 March 18, 2024. 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 March 18, 2024 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 March 18, 2024 and the cancellation will have to be sent in writing no later than April 8, 2024.

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).

PERSONAL DATA PROTECTION

Personal data collected is processed by the Union Internationale des Avocats, in its capacity as data controller. The data is used to manage registrations for events organised by the Union Internationale des Avocats.

In accordance with the applicable regulations, you have the right to access, rectify and delete your personal data, as well as the right to data portability. You may also withdraw your consent to the processing of your personal data at any time or request that such processing be restricted.

Finally, you have the right to specify instructions concerning the fate of your data in the event of your demise.

Information and Registration

Destination

Credits

The UIA had obtained the following accreditations :

  • 8 heures de formation dispensées

Partners

See more See less