Module G02 - Practical Comparative Law


Programme

Time

-

Activity

Type of activity

0930-0945

1

Registration

-

0945-1015

2

Explanation of the Case Study & the Exercises

Tutor led session

1015-1100

3

Transaction Group Work: Delegates divide into three separate teams to prepare and plan a presentation. Each team will be composed of a mixture of transactional and contentious lawyers from each of the main jurisdictions represented on the course.

Group Work session

1100-1115

4

Coffee

-

1115-1230

5

Transaction Group Work: Continued

Group Work session

1230-1330

6

Presentations - each team will make a presentation to the rest of the delegates in an attempt to persuade them that the substantive law of the jurisdiction represented by their team name is the best law to select to govern their contract.

Group Work session

1330-1430

7

Lunch

-

1430-1445

8

Explanation of the afternoon's activities

Tutor led session

1445-1545

9

Dispute Venue: Group planning. In their three separate teams, the delegates plan their approach to the presentation stage which follows.

Group Work session

1545-1600

10

Tea

-

1600-1645

11

Venue Presentations: Each team will make a presentation seeking to justify their case that the appropriate venue for court proceedings arising out of the joint venture is the country represented by the team's name.

Group Work session

1645-1715

12

Reflection: Delegates will reflect on the themes which emerge from the submissions and see whether any general conclusion can be drawn.

Tutor led discussion

1715

13

END OF COURSE

-


Transaction Topics

  1. In the event that certain defined conditions change, it is intended that the parties will be entitled to renegotiate their respective cost and profit shares. Can the obligation to renegotiate be made a binding one and can the parties be obliged to negotiate in good faith?
  2. If one of the joint venture partners should breach certain of the terms of the agreement, it is intended that there should be a fixed sum payable to the other parties, rather than a right to recover damages. Is this enforceable?
  3. The joint venture partners agree to share the cost of certain penalties which may be imposed on a partner by the criminal courts. Is this enforceable?
  4. If it emerged that an obligation of one of the joint venture partners was undertaken without the contract allocating that party any benefit in return, would that obligation still be enforceable?
  5. If one of the joint venture partners was misled into entering into the contract, would that party be able to escape the contract if it was misled by another party: (a) deliberately misstating their current financial position, (b) innocently misstating their current financial position, (c) deliberately misleading the other party as to their future intentions, or (d) innocently misleading the other party as to their future intentions? Would it be able to claim compensation or damages?
  6. Can a third party enforce a right which the joint venture agreement gives them, even though they are not expressed to be a party to the agreement?
  7. If the pre-contractual negotiations fail, can there be any liability if it is shown that the failure was due to inappropriate bargaining tactics, such as insistence on an obviously unacceptable provision deliberately to derail the negotiation?
  8. If the parties start to put the joint venture into effect before signing it, what might the legal effect of this be?
  9. Can your group identify any other factors which will make the law which your group is promoting more attractive than the other available choices?

Venue Topics

  1. Availability of default judgment procedures.
  2. Availability of summary judgment procedures.
  3. Availability of procedures for freezing the assets of Grandco to avoid dissipation of assets.
  4. Availability of procedures to compel Grandco to disclose documents which are adverse to their position.
  5. Availability of procedures to cross examine witnesses before or during hearings.
  6. The procedures available for enforcing any judgment obtained (a) in the home jurisdiction and (b) in another jurisdiction.
  7. How long each procedure will take?
  8. Roughly how much will it cost?
  9. What is the attitude of the courts in each country to staying proceedings which have been issued there to allow similar proceedings between the same parties to be progressed in the courts of another state? At what stage of the process will such an order be made?
  10. Can your group identify any other factors which will make the jurisdiction which your group is promoting more attractive than the other available choices?