Course overview
Transform your contract drafting from a source of liability into a strategic asset - this intensive two-day training course equips you to reduce risk, limit exposure, and maximise commercial advantage.
In today's unforgiving business landscape, a single poorly drafted damages clause can trigger catastrophic financial consequences. Yet most commercial contracts contain hidden liability traps that even experienced lawyers miss. The exact exposure in relation to damages is often not properly identified, anticipated or understood. When disputes arise, these oversights don't just cost money - they can bring the survival of an organisation into question.
Critical damages provisions often receive inadequate attention, creating exposure that far exceeds the underlying transaction value and many legal professionals are operating with dangerous knowledge gaps:
- Misunderstanding fundamental damages principles in their chosen governing law, leading to unenforceable provisions that provide false security
- Failing to recognise critical differences between common law and civil law approaches - a costly mistake in cross-border transactions
- Drafting limitation clauses that seem protective but dissolve under legal scrutiny when you need them most
These aren't theoretical concerns. They're real vulnerabilities that sophisticated counterparties exploit, often with devastating consequences.
This specialist two-day training course has been specifically developed to focus exclusively on damages and liability allocation. Led by Arun Singh, an internationally recognised expert who's guided major organisations through complex damages litigation, this training programme will transform how you approach every commercial agreement.
The training course offers a wide-ranging and detailed understanding of the law of damages under English law with relevant comparisons to civil law jurisdictions. It will enable participants to effectively draft and negotiate contracts with knowledge and confidence, and give practical solutions to your drafting challenges.
Throughout the training course the expert trainer uses a balanced mix of theory, practical exercises, discussion sessions and sample clauses, including limitation liabilities, to ensure the learning is embedded, so you can meet your commercial objectives with confidence.
CPD Hours: 12
Course Content
- Day 1
- Pre-contract agreements - background and drafting
- Warranties, representations, guarantees and indemnities
- Exclusions and limitations of liability
- Force majeure, frustration and economic hardship
- Comparative workshop session
- Day 2
- Direct, indirect damages and consequential loss
- Q&A interactive session: Identifying types of damages
- Liquidated damages and penalties defined - comparative analysis
- Choice of law, jurisdiction and arbitration Part 1 - choice of law and jurisdiction
- Choice of law, jurisdiction and arbitration Part 2 - arbitration and dispute resolution
Speakers
Arun Singh OBE
Arun Singh (Prof) OBE, FRSA is an international lawyer and consultant to an international law firm. He was formerly a partner and head of commercial law at KPMG Legal and partner at Masons (now Pinsent Masons).
Arun has advised on disputes and collaborations in a wide range of jurisdictions including Europe, countries in West and East Africa, India, Bangladesh, China, Hong Kong, Saudi Arabia, UAE, Qatar, Pakistan, Libya, Jordan, Syria, the US, Caribbean, Russia, Israel, Lebanon, Egypt, Thailand and Singapore. Arun is cited and ranked in the Chambers Guide to the world’s leading lawyers. He concentrates on international investment, joint ventures, licensing of technology, research and development, M&A, energy, outsourcing and corporate governance in developed and emerging markets; he also handles international legal risk management matters. Arun advises a range of international organisations and is a visiting professor in International Business, Leadership and Negotiations at Salford University Business School, senior associate at Oxford University’s Institute of Legal Practice and teaches international leadership and negotiations at the University of Cambridge. He has facilitated programmes in Europe, Asia, the Middle East and the US.
He is a recognised corporate educator and a non-executive director of two international investment companies - one of which is listed on the London Stock Exchange, chairing the Audit Committee and Investment Committee.
He was appointed an OBE by HM the Queen in January 1999 for services to international trade, investment and intercultural management. Arun is an editor and contributor to a number of publications including Business and Contract Law (a Thorogood Special Report) and How to Lead Smart People - Leadership for Professionals (Profile Books) (recommended reading in the big four corporate advisory firms and basis for the popular international Coursera MOOC, University of London course 'Stepping Up: Leading Others').He is also a facilitator for company programmes and an experienced speaker at international corporate conferences.
