GOVERNING LAW, COURT OR ARBITRATION JURISDICTION IN INTERNATIONAL AGREEMENTS

When drafting a contract with foreign elements, it is important to make a good choice of law that governs the interpretation of the contract, questions of contract performance, duration of the contract, or e.g. termination of the contract and consequences thereof. When drafting the contract it is also important to define the forum in case of a dispute – regular court or court of arbitration. This course gives you an opportunity to understand different formulations of the contract dealing with these issues, and to make the most of this knowledge when entering into negotiations/concluding such a contract contracts.

 

Arbitration as a manner of dispute resolution

  • types of arbitration
  • arbitration clause (drafting and interpretation)
  • advantages/disadvantages in relation to dispute resolution by courts
  • legal framework of arbitration
  • characteristics of arbitration proceedings
  • legal effect of arbitration award
  • recognition and enforcement of arbitration award
  • examples and drafting arbitration clause for jurisdiction of domestic or international courts of arbitration
  • governing law in international agreements

Speakers:

 

Program

Day 1
26.04.2017.

Choice of law and foreign court jurisdiction

  • The concept of international agreement
  • Domestic or foreign law
  • Performance of agreement
  • The impact of peremptory norms lex domicii
  • Finding the content of foreign law in a proceeding before domestic courts
  • Jurisdiction of a foreign court
  • Recognition and enforcement of a foreign court judgment

Arbitration as a form of dispute resolution

  • Types of arbitration
  • Advantages and disadvantages to court resolution of disputes
  • Arbitration agreements
  • Arbitration proceedings
  • Arbitration award
  • Recognition and enforcement of an arbitration award
  • Examples of arbitration clause
12:00-12:15

Coffee Break

DISCUSSION

Q&A