Assess the governing law and jurisdiction consequences for conflict of laws.
Legal Aspects of Conflict of Laws in International Contracts
A working programme in conflict of laws for managers who have to deliver with existing resources.
Course Overview
A contract governing conflict of laws that nobody administers is a document, not a control. Ambiguity in this part of legal and contractual practice is resolved against the party that drafted it. The version of the wider legal and contractual practice agenda described in the manual and the version practised on the floor tend to diverge over time. The level assumes working familiarity with the contract portfolio but no prior formal training in conflict of laws. The outcome is a practitioner who can hold a position on the legal and contractual practice discipline and revise it on evidence. Where this aspect of legal and contractual practice is measured, it improves; where it is only discussed, it drifts. It establishes a shared vocabulary for conflict of laws so that teams can disagree productively about it. Exercises escalate in difficulty, ending with the ambiguous situations that make the wider legal and contractual practice agenda hard in practice. The final session converts the week's work on this strand of legal and contractual practice into commitments with owners and dates.
Expected Learning Outcomes
Build the contract register and obligation tracker covering conflict of laws.
Draft provisions on conflict of laws that allocate risk deliberately rather than by default.
Present the case for investment in conflict of laws in terms that a finance function will accept.
Establish what evidence would demonstrate that conflict of laws is under control.
Build the administration regime that keeps conflict of laws enforceable during performance.
Apply a repeatable review cycle to conflict of laws and act on what it produces.
Who Should Attend
Risk managers assessing legal exposure from conflict of laws.
Anyone whose accountability for conflict of laws exceeds their current formal training in it.
Risk managers assessing the exposure created by conflict of laws.
Finance staff managing payment and security under conflict of laws.
Public sector contracting officers applying conflict of laws under regulation.
Project managers whose delivery is governed by conflict of laws.
Course Modules
Conflict of laws: notices, records and time bars
2 sessions · 8 pointsSession 1Negotiating conflict of laws knowing your walk-away point
- Record the reasoning for any departure from the standard position on conflict of laws.
- Confirm bonds, guarantees and insurance supporting conflict of laws are valid and current.
- Confirm signature authority for conflict of laws against the delegation matrix.
- Agree the indicators that will show whether conflict of laws is improving.
Session 2Drafting conflict of laws so ambiguity does not decide it later
- Write down the assumptions underpinning the approach to conflict of laws.
- Diarise every notice period and time bar in conflict of laws.
- Verify six months later that changes to conflict of laws have held.
- Identify the compliance obligations conflict of laws triggers and who tracks them.
Conflict of laws: security, guarantees and payment protection
2 sessions · 8 pointsSession 1The cost of conflict of laws and how to present it
- Review whether conflict of laws is aligned with the objectives of the contract portfolio.
- Maintain a contract register capturing key dates and obligations in conflict of laws.
- Identify single points of dependency in conflict of laws and reduce them.
- Review the definitions in conflict of laws for terms doing heavy commercial work.
Session 2The hard cases in conflict of laws and how to reason about them
- Agree the smallest change to conflict of laws that would be visibly useful.
- Define the termination triggers in conflict of laws and the consequences of each.
- Establish the boundary of conflict of laws and record what sits outside it.
- Distinguish symptoms from causes when conflict of laws underperforms.
Conflict of laws: drafting and deliberate risk allocation
2 sessions · 8 pointsSession 1Security and payment protection within conflict of laws
- Record the rationale for each significant choice made about conflict of laws.
- Collect evidence on the present handling of conflict of laws before proposing changes.
- Record contemporaneous evidence of performance under conflict of laws as it happens.
- Identify where judgement in conflict of laws is legitimate and where it is not.
Session 2Handling variations to conflict of laws without losing position
- Decide what will be stopped to create capacity for conflict of laws.
- Identify which party bears each material risk under conflict of laws, and whether that is intended.
- Prepare the claim narrative for conflict of laws while the facts are fresh.
- Review closed contracts on conflict of laws for lessons before drafting the next one.
Conflict of laws: variations, change and preserved position
2 sessions · 8 pointsSession 1Where conflict of laws typically breaks, and why
- Apply data protection requirements to personal data handled under conflict of laws.
- Handle each variation to conflict of laws in writing, with price and time consequence agreed.
- Protect confidential information and intellectual property shared under conflict of laws.
- Confirm that contractual obligations around conflict of laws are understood.
Session 2Building the contemporaneous record supporting conflict of laws
- Establish what evidence demonstrates conflict of laws is under control.
- Confirm that those complying with conflict of laws understand why it exists.
- Standardise recurring clauses in conflict of laws into an approved template.
- Prepare the summary of conflict of laws that senior management will read.
Choose the package that suits you
Silver Package
At least 3 people
- Workshop or Program Participation
- Airport Transfers
- Customized Badge
- Expert Mentorship (Private Sessions)
- Supervision & Secretarial Services
- Accredited Certificate of Participation
- Complete Training Kit
- Coffee Break
- Closing Ceremony
Gold Package
At least 3 people
- 5-night stay in a 5-star hotel
- Workshop or Program Participation
- Airport Transfers
- Customized Badge
- Expert Mentorship (Private Sessions)
- Supervision & Secretarial Services
- Accredited Certificate of Participation
- Complete Training Kit
- Coffee Break
- Closing Ceremony
Complete your registration
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