A person who has completed this course knows the rules of drafting an international contract. He/she knows what clauses an international contract should contain. Knows how to conduct international negotiations, negotiating the mandatory clauses of the contract. Knows the risks of international contracts.

A specialist who has completed this course has the following knowledge and skills:

• independently and systematically checks foreign counterparties;
• competently and safely negotiates;
• assesses the risks associated with the foreign economic contract;
• correctly prescribes in the contract the applicable law and arbitration clause;
• independently and systematically checks foreign counterparties;
• competently and safely conducts negotiations.

Course program. International Contract Course and International Business Regulation online

1. HOW TO NEGOTIATE WITH POTENTIAL CLIENTS FROM THE EU, and ASIA

1.1. Negotiating in good faith and bad faith and how to determine at the start of negotiations what to prepare for. When it is considered that you have already begun to negotiate
1.2. What is the difference between an offer and a commercial request. How to use these tools wisely
1.3. Prosecution for unfair negotiation
1.4. How to competently interrupt negotiations without negative consequences. How to properly negotiate with potential clients from the EU, and China. Financial losses associated with unfair negotiations
1.5. Significant misconceptions in the negotiation and signing of the contract. Information as the object of material error: how and what information to transfer to the client.
1.6. Communication channels, from phone conversations to scans. How to record phone calls. Recording of conversations
1.7. E-mail correspondence: the latest practice of application. Screenshots, instant messengers – the right strategy for use in international transactions

2. THE MAIN POINTS OF THE FOREIGN ECONOMIC CONTRACT. RISKS ASSOCIATED WITH A FOREIGN ECONOMIC CONTRACT

2.1. The structure of the international contract in 2022: what should be mandatory there
2.2. Incoterms 2010 or Incoterms 2020: difference of terms. Transition of risks of accidental destruction of goods. What Incoterms does not regulate, and it is important for us to know this
2.3. Let’s simulate the most expensive clause of the contract – the Clause of Applicable Law. How to correctly prescribe the applicable law in the contract. How to check the contract under foreign law
2.4. TOP 5 – free verification of a contract under foreign law in a short time. Why is it necessary, the division of the applicable law into scopes – the experience of 2020
2.5. Checklist of additional parts of the contract. Arbitration clause. How to register a possible online trial
2.6. Interim measures of the contract. How to consider in the contract pledge, penalty, prepayment. Making changes to the contract. Closing documents

3. DUE DILIGENCE. HOW TO CHECK FOREIGN CUSTOMERS FOR FREE AND IDENTIFY UNRELIABLE ONES. CASE STUDIES

3.1. Sources of information search for different types of counterparties. Specifics of restrictions in terms of providing and/or collecting information in the legislation of different countries
3.2. Safety of trade secrets and risks when checking the counterparty: what not to do
3.3. How to implement the scheme of constant monitoring and identification of such customers in the business processes of the enterprise. (Case Study)
3.4. Ways to obtain independent information about the business reputation of customers. The mechanism of appeal to the attaché for commerce of the counterparty’s country
3.5. Questionnaire of partners of the client and how to get it. Why is it important to work with associations and business clubs of the counterparty in his country and how to start a dialogue with them

4. NEW FORCE MAJEURE CLAUSE 2021

4.1. How to correctly enter the new force majeure clause 2021 into the contract. How does it work
4.2. If there was no force majeure. What to do
4.3. New 2020 clause for an international contract – circumstances excluding liability
4.4. Force majeure clauses of the contract are a new practice of 2020 for European and Asian clients
4.5. Restrictive or prohibitive measures in the EU and China – how to minimize risks in advance

5. PREPARATION FOR A DISPUTE WITH A FOREIGN PARTNER. INTERNATIONAL ARBITRATION

5.1. International Arbitration. How to Choose a Court if Necessary. Ways to Minimize Legal Costs
5.2. What is an arbitration clause and how to draft it competently. Its necessary elements
5.3. Which court to choose: state or arbitration
5.4. Why an arbitral tribunal is more often chosen for international negotiations
5.5. Arbitration fee: what does it consist of and how to minimize costs
5.6. What to do if an international dispute is not arbitrable to the court? Ways to minimize costs if the process is inevitable
5.7. Complaint procedure: how to make a claim in a timely and competent manner. Is it possible to immediately file a lawsuit in court
5.8. The difference between a mandatory and non-binding claim
5.9. How to competently draw up a claim and respond to it. What violations do the courts refer to when they do not accept the claim
5.10. Choice of arbitration in the EU and China or another method of minimization. Criteria for choosing a court: from Stockholm to Singapore. Which arbitration to choose for clients from the EU, USA, and Asia
5.11. Enforcement of Arbitral Awards: Enforcement of National Awards in Foreign Jurisdictions
5.12. Why Decisions of State Courts Abroad Are Often Not Enforced. How the New York Convention – Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) Works and Applies. Step-by-Step Instructions for the Execution of Arbitral Awards Abroad