Onsite Seminar

Legal Concepts and Contracting

Introduction to International Business Law

Learning Objectives
  • How international business transactions help formulate and shape international business laws and regulations.
  • Types of risk associated with international business law.
  • How ethics impact international business and the laws that govern it.
  • How to resolve international business disputes.
  • Learn national and international trade regulations.
  • Diverse aspects of domestic (U.S.) and international purchasing law including when a contract should be created under the CISG
  • Gain a better understanding of sale of services and payment expectations.
Who Should Attend

This session is designed for global purchasing or supply professionals, managers, contracting officers, project managers, other sourcing professionals and those involved with the acquisition and delivery of goods from global trading partners.

Course Outline
  1. Overview on Sources of International Law

  2. Major Types of International Business Transactions
    1. Direct and Indirect exporting of goods
    2. Importing goods
    3. Licensing
    4. Direct foreign investment
    5. Sale of services

  3. Major Types of Risks
    1. Language and cultural
    2. Currency risks
    3. Political risks
      1. Expropriation
      2. Nationalization
    4. Legal risks

  4. Laws and Ethics of International Transactions
    1. Differences in cultures
    2. Foreign Corrupt Practices Act
    3. OECD Convention on Combating Bribery

  5. Resolving International Disputes
    1. Methods
      1. Litigation
      2. Mediation / Conciliation
      3. Arbitration
    2. Advantages and Disadvantages
      1. Discovery
      2. Enforceability of decision
    3. Use of Liquidated Damages Clauses

  6. National and International Trade Regulation
    1. GATT Principles
      1. Elimination of quantitative restrictions
      2. Most Favored Nation
      3. National Treatment
      4. Transparency
    2. World Trade Organization Agreements
    3. Regionalization - NAFTA, EU, etc.
    4. Foreign Trade Zones
      1. Tax and cash flow benefits
      2. Taxation/duties of imported goods

  7. International Contract Law and the CISG
    1. Need to understand customs in negotiations
    2. Pre-contractual Liability
    3. UNIDROIT principles
    4. Choice of Law and Conflict of Law issues
    5. Parole Evidence Rule
    6. Formation of Contract
    7. Battles of the Forms
    8. Contract Interpretation
    9. Duty to Inspect and Give Notice of Non-conformity
    10. Anticipatory Breach
    11. Assurance of Performance
    12. Seller's Right to Cure

  8. Sale of Services
    1. GATS
    2. Obligations of Members nations under GATS

  9. How to Get Paid: Brief Overview of Documentary Transaction
    1. Methods of Payment in General
    2. Letters of Credit
    3. Pro Forma Invoice
    4. INCOTERMS