Contract of Sale Negotitation and Drafting of your own contract of sale Seminar with a Foreign Speaker

The Seminar will be held in English with no interpretation!

Participants of the seminar will recive a publication issueel by ICC Czech republic: "Vzorová mezinárodní kupní smlouva". This publication is available only in Czech version !

Venue:

Every international business transaction requires a precise and detailed underlying contract. Drafting such a contract can however be expensive and time-consuming. As most companies cannot afford a lawyer behind every transaction, reliable standard models, taking into account globally acceptable and workable contractual standards, might provide these companies with a tool, crucial to the management of their international dealings. Without access to model contract forms, SMEs in particular are at a disadvantage as they risk building the legal basis of their international business dealings on agreements that have either been drafted without any professional legal support, or that have been imposed by the other party. But also large companies, able to pay in-house legal counsel or outsource legal assistance, may benefit from such models, as they may offer the compromise, required to solve the deadlock (battle of the forms) they entered into during negotiations. This seminar has been carefully developed to help you make the right choice in selecting the most appropriate contract for trade and to use it effectively.

Programme Aim

To provide course participants with:

• the theoretical and practical knowledge to enable them to draft contracts of sale that all the parties ‘want’ to execute instead of ‘have’ to execute;
• to recognize obligations and liabilities arising in absence of a clear-cut contract;
• the capability to select an appropriate model contract and to understand its role as a conductor of all the obligations and liabilities of the sale (delivery, payment, title, warranties, limitations, dispute settlement, …);
• a clear understanding of the mechanics of a contract of sale and to understand methods of mitigating risks and to optimize profit.

Target Group

This course is designed for those working in international trade (private sector), in-house as well as an external consultant, who negotiate, draft, interpret and execute international contracts of sale. Specifically, it is relevant to those in procurement, sales, legal and finance and those who as a manager are to instruct and supervise these departments and those who are to solve disputes.

Learning Objectives

• Be able to understand drafting strategies and analyze the internal coherence required for effective contract drafting;
• Be able to identify appropriate standard contracts and use them;
• Understand the pros and cons of different types of dispute settlement;
• Know about risk management in international contracts of sale of goods, means and actions to put in place to minimize or prevent loss;
• Know about payment procedures and the most common documents required for export/import;
• Understand the functions of the most common transport documents and their role in payment procedures;
• Establish an effective negotiation strategy

Speakers:

Koen Vanheusden - is a leading member of the International Chamber of Commerce Commission on Commercial Law and Practice (CLP). He is Chair of ICC’s International Sales Contract Task Force and is an accredited trainer on the Incoterms® Rules. Koen, a Director at the Belgian Foreign Trade Agency has over 25 years of experience in international trade as a corporate lawyer, a private lawyer and a consultant. In this quality he advises companies on the regulatory (customs, VAT, product requirements, documents, services) and legal (contracts, distributorship, investment, intellectual property) aspects of their international commercial transactions and relations (import – export – investment). He has written many books and articles on multiple aspects of international trade (contracts of sale, Incoterms, agency and distributorship, customs, documents in international trade, export and subsidies etc.) and is a renowned trainer and university lecturer.

Pavel Andrle - Trade & Finance Trainer and Consultant, ICC CR

Program:

08:30 – 09:00 Registration

09:00 – 09:10 Introduction - Pavel Andrle, Secretary to ICC CR Commission on Commercial Law and Practice

09:10 – 10:40

Basic principles of contract drafting - Koen Vanheusden

• Risk identification – Evaluation – Treatment
• Risk management ≠ Risk elimination
• Considerations for a sustainable contract
• Principles of Contract Negotiation

10:40 – 11:00 Contact break

11:00 – 12:30

International contract models – ICC Model fo Contract of Sale

• Why model contracts
• Where to find the good ones
• How to use them

Workshop: Draw Your Own of an International Sales Contract

• Breakout session – make a proposal in a real life scenario
• From the point of view of the seller
• From the point of view from the buyer

12:30 – 13:15 Refreshments

13:15 – 14:40

Workshop: Draw Your Own of an International Sales Contract (continuance)

• Negotiate / conclude a contract

Plenary session: Discussion of the result and setoff of this result against the principles of international sales law (CISG) and the actual execution of the order

14:40 – 15:00 Contact break

15:00 – 16:30

Plenary session: Discussion of the result and setoff of this result against the principles of international sales law (CISG) and the actual execution of the order (continuance)

• Identification of parties & due diligence
• Description of product & product coding
• Conformity, examination & inspection
• Liability, limitation thereof, force majeure & hardship
• Conditions of payment and penalties
• Conditions of delivery and proof of delivery 
• Documents
• Applicable law
• Dispute settlement and arbitration

Discount program:

Member of ICC Czech Republic - discount on the total amount of 1 or more colleague from the same company - a discount of 20-30localhost by the contirbutory set of rules
Non-member - discount on the total amount of 2 colleagues from the same company - 5localhost discount, three colleagues from the same company - 10localhost discount, 4 or more colleagues from the same company - 15localhost discount

Please note that your registration for participation at this seminar is binding. In cuse of absence, the registration fee will not be returned.

The refreshment for participants will be provided during breaks.

If you need an application form in Word, send us your request to filipkova@icc-cr.cz

We look forward to meeting you!