Cross Border Contracts, Business Deals & Disputes

Cross-border contracts are evolving, and investment opportunities are growing. Managing the legal challenges in these agreements is paramount. IN a jam-packed afternoon you will delve into foreign contract enforceability and navigate cross-border disputes using contemporary methods for managing conflicts and addressing intellectual property risks. Join an expert panel to master the essentials of cross-border contracts and stay updated on the latest strategies in global business. 

Thursday, 15 February 2024
Chair:

Dirk Feinauer, Director, Feinauer Commercial Lawyers

1.00pm to 1.30pm Opening Address by the Chair

Starting Right: Where to litigate?  

  • Where to litigate? resolving jurisdiction issues in cross boarder litigation
  • Establishing jurisdiction
  • Choice of forum
  • Exclusive foreign jurisdiction clauses

Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers

1.30pm to 2.00pm IP Risk in Cross Border Contracting: What You Should be Aware of
  • What IP will be transferred?
  • Where will the IP go to?
  • Sanction lists
  • Jurisdictional issues to be aware of
  • Protection of IP in a foreign jurisdiction
  • Payments and disputes

Presented by Richard Chew, Partner, K&L Gates; Best Lawyers 2023, Commercial Law; Best Lawyers 2023, Information Technology Law 2018-present

2.00pm to 2.45pm Anticipating Cross Border Disputes
  • Anticipating cross-border disputes and considering the law and forum for dispute resolution 
  • Addressing the rights of third parties not bound by the contract in international deals 
  • Establishing jurisdiction over the parties and subject matters 
  • Modifying international commercial contracts to avoid common pitfalls 

Presented by Joern Schimmelfeder, Principal, Joern Schimmelfeder Legal

2.45pm to 3.30pm Enforceability of Foreign Contracts
  • Recognition and compliance
  • Dealing with damages, judgments, & enforcement
  • Enforcement of judgments
  • Australian recognition of foreign judgments
  • Foreign recognition of Australian judgments
  • Common law
  • Registration of judgments: interstate & international
  • Identifying overseas assets

Presented by Samuel J. Woff, Partner, Warlows Legal and Lecturer, University of Melbourne

4.30pm to 5.15pm INTERNATIONAL SPEAKER: Mastering Cross-Border Deals: The Practicalities of Cross Border Contracting

In this session, you'll acquire valuable insights into the management of conflicts of laws and the process of making informed decisions between arbitration and court proceedings. You will finalise the day exploring the fundamental elements for achieving success in cross-border agreements with the expertise of our international speaker, Tim Herbert, Director of London Law Collective. Tim's exceptional technical legal skills will enhance our dispute resolution practice.
Presented by Presented by Tim Herbert, Director, London Law Collective

3.45pm to 4.30pm Modern Approaches to Cross Border Disputes
  • Can my client terminate? Things to consider before pulling the plug
  • Certainty and consequences of agreeing to ADR
  • Mediation: At what point?
  • The use of mediation and ODR platforms as efficient and accessible methods for resolving cross-border disputes
  • Good faith requirements
  • The growing trend of arbitration as a modern alternative for resolving cross-border disputes
  • Tips and practical guidance on drafting arbitration clauses
  • Successfully working through the arbitration process

Presented by Julia Dreosti, Counsel at Clifford Chance, Immediate Past State-President of the French-Australian Chamber of Commerce and Industry

Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

3.30pm to 3.45pm Break

Presenters


Mr. Timothy Herbert, Director, London Law Collective
Tim is a Director at the London Law Collective and its Head of Disputes. Having studied law at Brasenose College, Oxford, Tim attended law school at the Oxford Institute of Legal Practice. From there, he commenced his career at Herbert Smith in London and Hong Kong, becoming a solicitor qualified in England and Wales, before moving to the litigation department of the London branch of US firm, Jones, Day, Reavis & Pogue. After two years there, he moved to Australia where he worked for Freehills and Coudert Brothers in Sydney, becoming a solicitor and barrister qualified in New South Wales. He moved to New Zealand in 2005. After 5 years qualified as a barrister and solicitor in New Zealand, practising from LeeSalmonLong in Auckland, he commenced his own practice in 2010. He advised in most aspects of civil and commercial law and appeared at all levels of the New Zealand courts. Whilst a barrister, Tim also remained a solicitor qualified in England and Wales and was a Senior Consultant for two London firms: Ignition Law and London Law Collective. Both are entrepreneurial law firms, in particular providing specialist corporate, commercial and employment advice to start-ups, scale-ups and entrepreneurs. Tim was also an Adjunct Instructor of the College of Law in New Zealand. In 2022, Tim moved back to the United Kingdom, to practise full time as a Director of London Law Collective, advising in England and Wales on corporate and commercial deals and disputes.


Ms. Julia Dreosti, Counsel, Clifford Chance
Julia is an experienced arbitration and litigation practitioner in our L&DR group in Australia, with over 15 years’ experience advising and representing clients on the full spectrum of contentious matters across a wide range of sectors including aerospace and defence, infrastructure, construction, energy, government and corporates. Julia acts as both counsel and arbitrator. She also regularly advises clients on dispute avoidance, contract administration and risk minimisation at all stages of the major project lifecycle. Her experience also includes advising clients on compliance and directors duties, and dealing with regulatory authorities in the context of various types of investigations and court proceedings. In addition to her experience in Australia, Julia has previously worked in Paris and Singapore. Prior to re-joining Clifford Chance, Julia was a principal in a boutique disputes firm for a number of years.


Mr. Richard Chew, Partner, K&L Gates
Richard is an experienced intellectual property and technology lawyer who focuses on commercial transactions and technology, telecommunications and outsourcing matters in Australia and the Asia Pacific region. He assists his clients with commercial transactions, technology and IP commercialisation, outsourcing, IT and commercial telecommunications arrangements, strategic procurement and sourcing, vendor management and negotiated company and business mergers and acquisitions across a range of industries. Richard also works with clients on commercial transactions in the Asia Pacific region, including China, Thailand and India. Richard assisted clients with some of the largest business critical technology and outsourcing transactions in Australia and South East Asia. Working with a diverse range of clients, from small and medium enterprises to the largest ASX-listed companies, his clients operate in the food, liquor, retail, telecommunications and technology services industries. Richard has a Bachelor of Science (Computer Science), a Bachelor of Laws (Hons) and a Graduate Diploma in Legal Practice, all from the Australian National University.


Mr. Samuel J. Woff, Partner, Warlows Legal
Samuel Woff Samuel is a leading commercial construction law and construction litigation specialist, advising on complex and high-stakes project and major infrastructure disputes. With expertise in both domestic and international construction disputes and with over 10 years' experience in private practice, Samuel is passionate about delivering litigious solutions for clients that are commercial, strategic, and innovative. This includes leveraging cutting-edge technology to drive best outcomes in a contentious environment. With an established industry presence and a proven track record of delivering when the situation demands it most, Samuel is a leader in the construction law space. He maintains an active media presence in the industry, appearing in interviews, articles and as a guest speaker and expert commentator.


Mr. Joern Schimmelfeder, Principal, Joern Schimmelfeder Legal
Joern Schimmelfeder concentrates on legal issues affecting transport and engineering projects. He deals with a broad spectrum of clients including contractors, owners, manufacturers, builders, subcontractors and industry professional advisers., He frequently advises on the preparation and negotiation of contracts for the provision of transport, defence and aviation infrastructure, provision of outsourced services and long term infrastructure maintenance. He also has extensive experience advising clients on consortium transactions and project finance documents.


Mr. Dirk Feinauer, Director, Feinauer Commercial Lawyers
Dirk Feinauer heads up Feinauer Commercial Lawyers, a law corporation based in Perth, Western Australia and is one of the most experienced German speaking lawyers practicing in Australia. Dirk graduated from the Australian National University, Canberra with a Bachelor of Arts and a Bachelor of Laws in 1989 and 1991 respectively. He is admitted to law practice in the Federal Court and High Court of Australia and the Supreme Courts of Western Australia and New South Wales. Dirk regularly speaks on a range of topics in Australia and across the world. He has written various articles and other publications. Dirk practices in complex corporate and commercial matters and conducts litigation in Superior and the Federal Courts including cross border disputes.

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Cross Border Contracts, Business Deals & Disputes

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Single Session
Thursday, 15 February 2024
1.00pm to 5.15pm Australia/Sydney
CPD Points 4
$505.00
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