Lecture Series on International Commercial Agreement by Advocate Udit Chauhan
Day-2
Event Date and year: 28th February, 2025
Event brief description –
The webinar on International Commercial Agreements provided an insightful exploration of contractual foundations, legal implications, and comparative perspectives across jurisdictions. Designed for legal professionals, academicians, law students, and business executives engaged in cross-border transactions, the session emphasized the significance of essential contractual clauses and their role in safeguarding legal certainty and risk management.
Key clauses discussed included the Boilerplate Clause, Force Majeure Clause, Agreement Clause, Governing Law Clause, Jurisdiction Clause, and Assignment or Delegation Clause. Special focus was given to the Force Majeure Clause, highlighting its role in mitigating risks during unforeseen events such as natural disasters and pandemics. The session also covered the tax implications of Force Majeure and provided best practices for legal professionals and businesses in structuring agreements.
Additionally, the webinar delved into cross-cultural business acumen, ethical negotiations under the Unidroit Principles, and effective negotiation strategies. Participants explored the importance of preparing, prioritizing, and probing during contract negotiations, ensuring clarity and legal precision in agreements. The discussion on SMART objectives further reinforced the necessity of specificity, measurability, achievability, relevance, and timeliness in contractual agreements.
The event concluded with an emphasis on the need for well-structured, customized clauses to mitigate risks and foster successful international business relationships.
Event Detailed Description - Event Report: Webinar on International Commercial Agreements
The webinar on International Commercial Agreements provided a comprehensive and in-depth understanding of the theoretical foundations, legal implications, and comparative perspectives across different jurisdictions. Designed for legal professionals, academicians, law students, and business executives involved in cross-border transactions, the event shed light on key contractual clauses, negotiation strategies, and best practices for drafting and enforcing agreements in international business.
One of the primary focuses of the webinar was the significance of essential contractual clauses, which form the foundation of any legally binding agreement. Participants gained insights into crucial clauses such as Boilerplate, Force Majeure, Agreement, Governing Law, Jurisdiction, and Assignment or Delegation clauses. Special emphasis was placed on boilerplate clauses, which, despite being standard provisions, play a critical role in ensuring legal certainty and mitigating risks. These clauses, including Entire Agreement, Governing Law, Indemnity, Confidentiality, Severability, Waiver, and Force Majeure, provide a structured legal framework that governs contractual obligations and dispute resolution.
The discussion on the Force Majeure clause highlighted its importance in shielding parties from unforeseen events such as natural disasters and pandemics. The session also explored tax implications related to Force Majeure, including relief options, contractual tax risks, and cross-border impacts. Experts advised businesses and legal professionals to customize these clauses, define tax responsibilities clearly, monitor tax relief policies, and maintain thorough documentation to ensure tax compliance in case of disruptions.
Another critical area covered was the Agreement clause, which establishes that the written contract serves as the final and complete agreement between the parties, preventing disputes based on prior oral or written communications. The Governing Law clause, specifying the applicable legal framework for contract enforcement, was discussed in the context of cross-border transactions. Additionally, the Jurisdiction clause was examined, emphasizing its role in determining the appropriate forum for resolving disputes, thereby impacting the convenience and cost of legal proceedings.
The webinar also addressed cross-cultural business acumen, highlighting how understanding international marketing and negotiation tactics can enhance business strategies. In an increasingly globalized market, recognizing cultural differences in negotiation styles and relationship-building is essential for fostering successful partnerships.
A crucial segment of the webinar was dedicated to the Unidroit Principles of International Commercial Contracts, with a focus on Article 2.1.15, which addresses negotiations in bad faith. The principle prohibits parties from engaging in or prolonging negotiations without genuine intent to reach an agreement. Examples of bad faith negotiations, such as entering discussions with a hidden agenda, misleading counterparts, or making last-minute unreasonable demands, were explored in detail.
Participants were also introduced to the "3 Ps" of effective negotiation—Prepare, Prioritize, and Probe. Preparation involves thorough research on the other party, market conditions, and potential outcomes. Prioritization ensures clarity on key objectives and "must-haves," while probing focuses on uncovering hidden information through active listening, insightful questioning, and observation of non-verbal cues.
Contractual preparation was another vital topic, with an emphasis on understanding the "whys" and "why nots" of contract clauses. Identifying risks, ensuring clarity, and determining the flexibility of clauses help in creating robust contracts. The importance of defining "must-have" elements in contracts, such as exclusivity in service provision and secure payment terms, was also discussed.
The webinar concluded with an insightful discussion on baseline contracts, which serve as the initial reference point for evaluating performance and contractual changes over time. Additionally, the SMART framework—Specific, Measurable, Achievable, Relevant, and Time-based—was introduced as a tool for setting clear and structured negotiation goals.
Overall, the webinar provided valuable knowledge and practical insights for legal professionals and business executives engaged in international commercial agreements. By understanding key contractual elements, negotiation strategies, and best practices, participants gained the expertise necessary to navigate complex cross-border transactions effectively.
Department Name – School of Law
Event Outcome -
Students gained a comprehensive understanding of International Commercial Agreements, including key contractual clauses, negotiation strategies, and cross-border legal considerations. They learned about boilerplate clauses, force majeure, and tax implications, equipping them to draft and analyze contracts effectively. The webinar also emphasized ethical negotiations, highlighting bad faith tactics and the 3 P’s of negotiation—Prepare, Prioritize, and Probe. Additionally, students explored the SMART approach to contractual planning and risk management. This session provided practical insights, preparing students for real-world legal challenges in international transactions and enhancing their analytical and strategic thinking skills in contract law.
Day-1
Event Date and year: 27th February, 2025
Event brief description
On the day of 27th of February, 2025 Galgotias University hostel a Webinar on International Commercial Agreement empowered by Bal Uday and School of Law. The event, held under the theme "Principles of Commercial Arbitration law" emphasized the essential considerations when dealing with Commercial Contracts in the international realm with an emphasis on Arbitration as a form of Alternate Dispute Resolution.
Advocate Mr. Udit Chauhan, ACIArb. (UK), Partner at Jade Lex, with nearly a decade of experience in litigation, arbitration, and corporate advisory joined us and provided us with an insight into International commercial contracts and Commercial Arbitration Law.
Event Detailed Description
This webinar aims to provide an in-depth understanding of International Commercial Agreements, their theoretical foundations, legal implications, and comparative perspectives across jurisdictions. It is designed for legal professionals, academicians, law students, and business executives engaged in cross-border transactions.
Understanding Commercial Agreements
Commercial agreements form the backbone of international trade and business relations. These agreements set forth the rights, obligations, and liabilities of parties engaged in commercial transactions. There are two main considerations that arise when discussing commercial contracts that is where will the dispute be heard and what law governs the contract. Understanding key elements such as offer, acceptance, consideration, and enforcement mechanisms in the international context is crucial for drafting effective contracts that align with international best practices. Further the comparison among various countries for what elements form a valid contract was used to understand the basis of multi-jurisdictional issues.
Employment Agreements in an International Context
Employment agreements, as a subset of commercial agreements, play a pivotal role in global business operations. They regulate employer-employee relationships, covering terms related to remuneration, benefits, dispute resolution, and termination clauses. The webinar will examine the significance of employment contracts within the context of cross-border employment, jurisdictional challenges, and international labour standards.
Theoretical Foundation of Contract Law
The session will delve into the foundational principles of contract law, including will theory, reliance theory, economic theory and relational theory. These theories help explain the evolution of commercial agreements and their practical application in contemporary business transactions. Most importantly we focused on the Critical Legal Theory which is most applicable to the real world.
Critical Legal Studies and Contracts
Critical Legal Studies (CLS) challenges traditional contract law principles by questioning the role of power dynamics, inequality, and social justice in contract formation and enforcement. The webinar will explore how CLS critiques contract law’s perceived neutrality and its impact on weaker parties in commercial relationships, particularly in developing economies.
Comparative Perspective: Common Law vs. Civil Law
A comparative analysis of Common Law and Civil Law approaches to contract enforcement and interpretation is essential for understanding global commercial agreements. Key differences include:
- Common Law Systems (e.g., UK, USA, India): Emphasize judicial precedents, freedom of contract, and strict adherence to the parties’ intent.
- Civil Law Systems (e.g., France, Germany, Japan): Rely on codified statutes, good faith principles, and judicial intervention to ensure fairness and equity. This section will provide insights into how these differences impact contract drafting, dispute resolution, and enforcement in international transactions
The contradiction between various legal systems in the context of civil and common law was also delved into.
Department Name –School of Law
Event Outcome
This webinar will equip participants with a robust understanding of international commercial agreements by integrating legal theory with practical applications. Attendees will gain insights into contract formation, key clauses, jurisdictional challenges, dispute resolution mechanisms, and the role of international legal instruments in regulating global trade with reference to real life cases and easy understanding of the practical application of the aforementioned insights.
Join us for this engaging and informative session to deepen your expertise in international commercial law and navigate complex cross-border agreements effectively
