Cross-Border Contracts: Legal Challenges and Risk Mitigation

Objectives of the Course:

• Understand the key legal challenges faced in cross-border contracts.
• Learn how to identify risks and implement strategies for mitigating them in international agreements.
• Gain insight into the role of different legal systems and jurisdictions in cross-border contractual relationships.
• Develop practical skills for drafting and negotiating effective international contracts.

Introduction to Cross-Border Contracts and Legal Frameworks

• Overview of cross-border contracts: Definitions, importance, and global context.
• Legal foundations: Introduction to international commercial law, including key treaties like the CISG (Convention on Contracts for the International Sale of Goods).
• Jurisdictional issues: How different jurisdictions affect enforcement, choice of law, and dispute resolution mechanisms.

Key Legal Challenges in Cross-Border Contracts

• Cultural and legal differences: Understanding divergent legal systems and business practices.
• Conflict of laws: Navigating disputes involving different national laws.
• Contract formation and interpretation: Ensuring clarity in terms, conditions, and obligations in various legal contexts.
• Intellectual property considerations: Addressing the complexities of IP protection across borders.

Risk Mitigation Strategies in Cross-Border Contracts

• Negotiation tactics: Structuring deals to address risks and uncertainties in international transactions.
• Contractual clauses for risk management: Force majeure, indemnity, warranties, and liability limitations.
• Dispute resolution mechanisms: Arbitration vs. litigation, mediation, and hybrid dispute resolution models.
• Currency and payment risk: Managing foreign exchange and payment issues in cross-border deals.

Practical Applications and Case Studies

• Case study analysis: Review of real-world cross-border contract disputes and resolutions.
• Drafting exercises: Practical session on drafting clauses to address risk and ensure enforceability in international contracts.
• Best practices for international contract negotiation: A step-by-step guide to successful contract management across borders.
• Future trends: Emerging legal challenges in cross-border contracts, such as digital commerce, blockchain, and international sanctions.

DATE:

1ST BATCH: 28thApr – 1st May, 2026    

2ND BATCH: 18th – 21st Aug, 2026

3RD BATCH: 15th – 18th Dec, 2026