Structuring International Contracts: Choice of Law, Jurisdiction, and Language, Arbitration Clauses, Terms of Art
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide counsel to companies doing business internationally on key considerations when structuring international contracts. The panel will discuss core contract provisions and offer strategies for addressing and minimizing the risks inherent to international business dealings.
Outline
- Primary risks
- Nonpayment
- Nondelivery
- Performance bonds
- Liquidated damages
- Nonperformance
- Violation of U.S. laws and regulations
- Offsets
- Tax liability
- Enforcement and collection
- Key provisions
- Payment terms
- Delivery/acceptance
- Performance bonds
- Customer support
- Compliance with U.S. laws and regulations
- Offsets (direct vs. indirect)
- Tax requirements
- Territorial limitations
- Dispute resolution
- Jurisdiction
- Bases of termination
- Exclusivity
- Intellectual property
- Restrictive covenants
- Nonassignment
- Indemnification
- Structuring strategies
- The long-term contract vision
- Joint ventures
- Local subsidiaries
- In-country support
- In-country cooperation vehicles
Benefits
The panel will review these and other key issues:
- What are the unique challenges presented by international business transactions that impact the structure of the international agreement?
- What are the essential contract provisions to consider when negotiating an international agreement?
- What strategies should be employed when structuring an international agreement?
Faculty
Adam Munitz
Partner
Fluet Huber + Hoang
Mr. Munitz represents, advises, and counsels companies and individuals in a variety of matters including foreign... | Read More
Mr. Munitz represents, advises, and counsels companies and individuals in a variety of matters including foreign investment, export compliance, international business transactions, FOCI, reviews by the Committee on Foreign Investment in the United States (CFIUS), and government contracting. He handles federal contracts, defense contracts, suspension and debarment, corporate transactions/contracts/agreements, international transactions, and mergers and acquisitions.
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Nathan D. O'Malley
Partner
Musick Peeler & Garrett
Mr. O’Malley leads his firm's International Arbitration and Litigation Practice Group. His practice focuses... | Read More
Mr. O’Malley leads his firm's International Arbitration and Litigation Practice Group. His practice focuses on the technology, distribution and construction sectors where he provides transactional advice and litigation representation. Prior to joining his firm, he practiced law in Europe where he represented clients in matters throughout the EMEA and Asia. He counsels clients in structuring their international business relationships and agreements and advises clients on minimizing liability and risk in international distribution agreements, technology licenses and joint ventures as well as in regard to international construction projects. He also represents clients in international arbitrations and before domestic courts.
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Steven M. Richman
Member
Clark Hill
Mr. Richman practices in the areas of domestic and international commercial law, including distributorships,... | Read More
Mr. Richman practices in the areas of domestic and international commercial law, including distributorships, intellectual property, agency, art and photography law, professional responsibility and contracts. He is chair of the New Jersey State Bar Association's International Law Committee. Within the American Bar Association, Steven is incoming vice-chair of the ABA's Section of International Law and chairs the IBA's Multidisciplinary Practice Committe. He is a frequent CLE lecturer both in this country and around the world.
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