Legal Masterclass
Why Attend
This specially curated Legal Masterclass takes place in London during our Summer Masterclass season. Participants have the opportunity to learn from legal experts, visit sites of legal significance, and gain insight into some of the most important areas of international business law.
The course delves into crucial aspects of international law, focusing on the vital distinctions between common law and civil law systems. It emphasizes the profound impact these legal frameworks can have on business operations, particularly in dispute resolution.
The course also addresses the intricacies of international commercial contracts, commonly drafted in English and governed by English law. Emphasizing the shift towards clear and direct contract drafting in Plain English, the masterclass hones in on essential skills for creating contracts that align with both legal and commercial objectives.
Additionally, participants will gain insights into commonly overlooked miscellaneous or boilerplate clauses, with a specific focus on the dispute resolution clause. The masterclass navigates the complexities of resolving business disputes through Alternative Dispute Resolution (ADR), exploring options such as litigation, arbitration, mediation, and the incorporation of tiered dispute resolution clauses.
To give participants a real insight into the common law legal system, there will be a visit to the Royal Courts of Justice, a stunning historical building where some of the country’s most significant legal judgements are made.
Overview
Course Methodology
The course consists of group discussions as well as individual and team tasks. There will be plenty of exercises throughout the programme. The presenter will be engaged with the participants at all times, welcoming class discussions regularly. There will be a site visit to places of legal significance.
Course Objectives
By the end of the course, participants will be able to:
- Analyze the basic differences between the common law and civil law systems
- Explain how the different systems of law affect how business is carried out in different jurisdictions
- Apply best practice in contract drafting
- Examine dispute resolution clauses in cross border contracts
- List the advantages and disadvantages of Arbitration v Litigation v Mediation
Target Audience
This course is suitable for lawyers, commercial managers, legal consultants and anyone who deals with cross border contracts drafted in English, dispute resolution, or who has a general interest in commercial and business law.
Target Competencies
- Understand common law v civil law
- Draft contracts in Plain English
- Mitigate risks with miscellaneous/boilerplate clauses
- Negotiate warranties and indemnities
- Decide on best form of dispute resolution: Arbitration v Litigation v Mediation
Course Outline
- Principles of Common Law vs Civil Law
- Features of the common law system
- Features of the civil law system
- The adversarial versus the inquisitorial system
- Sources of English law
- The role of lawyers in common law and civil law
- The role of judges
- The role of jury
- The role of precedent and evidence
- The Need for Legal Clarity in Legal Drafting
- Signs of a well drafted legal document
- Tools for achieving clarity in legal drafting
- Common mistakes in legal drafting
- The importance of collocation in legal drafting
- The language of legal drafting
- Troubleshooting legal documents
- Formalities for a binding contract
- Structure of a commercial contract
- Boilerplate/Miscellaneous Clauses
- No waiver clause
- Notices clause
- Assignment clause
- Time is of the essence clause
- Importance of Governing Law clause in cross border contracts
- Dispute resolution clause: Litigation/Arbitration/Mediation
- Force Majeure clause and its effect under common law and civil law
- Analysing case law/ precedents on boilerplate clauses
- Warranties and Indemnities
- Features of warranties
- Features of indemnities
- The role of warranties and indemnities in protecting a buyer in a corporate transaction
- Areas to be covered by warranties and indemnities in corporate transactions
- Effect of breach of warranties
- Vendor protection clauses in favor a seller in a corporate transaction
- Disclosure against warranties in corporate transactions
- Negotiating warranties and indemnities from a Share Purchase Agreement
- Dispute Resolution Process
- The adjudicative process versus the consensual process
- The importance of Alternative Dispute Resolution (ADR)
- Advantages and disadvantages of arbitration
- The requirements of an enforceable arbitration agreement
- Types of arbitration: institutional versus ad hoc arbitration
- Drafting international arbitration clause: The importance of the legal seat
- The danger of badly drafted arbitration clause
- Using mediation as a form of Alternative Dispute Resolution process
Schedule & Fees
Course Contact
Contact me if you have any questions.
I speak English & Arabic!
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