International Contracts, Business Deals & Disputes
Effectively manage risk and ensure you’re across the legal issues unique to an international deal with this deep dive into cross-border business deals, international contracts, overseas transactions, jurisdiction, choice of law, dispute resolution, arbitration, judgments and enforceability. Gain a comprehensive guide to the strategies a lawyer must consider when a client is negotiating and entering into a contract overseas, whether that client is a multinational corporation or a family business. WEB223N14
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
In today’s global economy businesses and lawyers with astute skills in navigating international business deals, contracts and disputes have a significant advantage over their competitors and peers. This focused intensive will give you the strategies and skills you need to excel in international business dealings. You will:
- DEVELOP essential strategies for completing successful cross border business deals
- PERFECT your contract drafting strategies involving foreign entities to minimise risk
- STRATEGISE on how to navigate disputes with cross-jurisdictional parties
- ANALYSE the best tactics for securing & enforcing judgments after a dispute arises
The session will be run by Dirk Feinauer, a leader in navigating cross-border business dealings, contracts and disputes, with decades of experience spent honing his expertise in this increasingly critical area of practice for Australian businesses and commercial lawyers.
SUCCESSFULLY MAKING THE DEAL
Keys to Success in Cross Border Deals
- Execution strategies and dealing with roadblocks
- Asset / Share (regulated and unregulated) and hostile / friendly deals
- Cultural issues and regulatory risks
- Sovereign risks, corruption and bribery
- Asset acquisitions:
- Negotiation of contract
- Arbitration
- Choice of Law and Choice of Forum
CONTRACTING STRATEGIES: DOCUMENTING THE DEAL TO MINIMISE RISK
Cross-Jurisdictional Contracting
- Jurisdiction
- Anticipating cross border disputes: the importance of considering the law and forum for determining a dispute over a transaction
- Considering the rights of third parties in an international deal that are not bound by a contract
- Establishing jurisdiction: over the parties & over the subject matters
- Restraining proceedings: interstate & international cases
- Choice of Governing law
- Do you know what laws may apply?
- Can you make an election?
- Are there traps in foreign law?
- What issues require consideration?
- Anticipating and dealing with conflict of laws principles relevant to cross-border contractual relationships
- Securitisation in an international context
- Dealing with privacy and data issues
- Consider the privacy and data issues specific to international commercial contracts
NAVIGATING DISPUTES INVOLVING FOREIGN ENTITIES
Cross Border Disputes
- The dispute resolution clause
- Choice of court process and arbitration: advantages and disadvantages:
- Denying jurisdiction
- security for costs;
- money judgments
- non money judgments
- Suing outside the Foreign Judgments Act 1991 (Cth)
Arbitration Clauses and Navigating the Arbitration Process
- Tips and practical guidance on drafting arbitration clauses
- Successfully working through the arbitration process
CROSS-BORDER DAMAGES & JUDGMENTS
Dealing with Damages, Judgments, & Enforcement
- Enforcement of judgments
- Australian recognition of foreign judgments
- Foreign recognition of Australian judgments
- Common law
- Registration of judgments: interstate & international
- Identifying overseas assets
Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers
Presenters
Dirk Feinauer heads up Feinauer Commercial Lawyers. He is admitted to practice law in the Federal Court and High Court of Australia and the Supreme Courts of Western Australia and New South Wales. Dirk regularly speaks on a range of topics in Australia and across the world. He has written various articles and other publications. Dirk practices in complex corporate and commercial matters and conducts litigation in Superior and the Federal Courts with a particular expertise in handling cross border contracts and disputes.
Testimonials
Testimonials from Dirk’s other contract and commercial law presentations:
“Excellent, very easy to follow, knowledgeable and clearly passionate about this subject”
“Turned a complex topic into an interesting and insightful seminar”
“Extremely good, very important issues discussed. Good commercial content