The Evolution of Contract Drafting to Meet Contemporary Challenges
£195 + VAT (member) / £245 + VAT (non-member)
We are delighted to be returning to the Hilton Glasgow for the first in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.
The need for contract law to adapt to meet the demands of business, technological development and global challenges, requires contract lawyers who are adept at finding drafting solutions.
Chaired by Brandon Malone this new conference, taking place at the Glasgow Hilton, seeks to equip contract lawyers with the tools they require and will consider topics ranging from limiting liability and drafting effective dispute resolution clauses to unforeseen events, enforcement of judgments worldwide and moveable transactions.
Questions to be considered will include:
- how do you draft for future uncertainties?
- should dispute avoidance measures be incorporated in Scottish contracts?
- what are the implications of acceding to Hague 2019?
- what is the impact of the proposed new form of security over moveables in Scotland?
- what are the rules which limit an otherwise-established liability to pay damages?
- what do the important and notable contract law cases reported in 2022 provide?
We look forward to welcoming you to this comprehensive conference only available in person at the Hilton Glasgow.
What’s being covered?
Drafting for future uncertainties
How do commercial contracts respond to unforeseen events? A flurry of decisions from the courts continues in the aftermath of the pandemic and in response to ongoing sanctions relating to the war in Ukraine. We will review the lessons for those drafting for future uncertainties.
Fiona Caldow, Dentons
Enforcement of judgments worldwide – the Hague Convention 2019 proposals and possibilities and other dispute resolution alternatives
The Hague Convention of 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (known as ‘Hague 2019’) is a multilateral Private International Law convention which establishes common rules to facilitate the recognition and enforcement of foreign judgments between Contracting States of the Convention. The UK Government has consulted on whether the UK should accede to the Convention. This talk will explore aspects of the Convention and explain the accession and ratification process. It will also cover the practical implications of accession and other dispute resolution alternatives for enforcement including arbitration, the New York Convention, and the Singapore Convention on mediation.
Michael Clancy, The Law Society of Scotland and Brandon Malone, Ampersand Advocates
Michael Upton will give an overview of the rules which limit an otherwise-established liability to pay damages. He will speak in summary about the principles of mitigation of loss, remoteness of loss and speculative or uncertain losses. He will also address the effect on quantum of a defender’s right to choose how to perform the contract. The talk will go on to cover miscellaneous statutory limits on quantum, and contractual exclusion and limitation, and the effect on them of the Unfair Contract Terms Act and Regulations.
Michael Upton, Themis Advocates
Avoiding disputes: drafting effective dispute resolution clauses
A growing global trend is the drafting of contracts, particularly long term contracts, with built-in conflict avoidance mechanisms. One of the drivers behind this trend is the need for efficiency. The climate emergency is driving widespread investment in the infrastructure required for the energy transition, where there is no time, and no funding for lengthy and expensive dispute resolution procedures. Measures such as the Conflict Avoidance Process (CAP) pioneered by RICS, and the Dispute Avoidance and Adjudication Boards (DAABs) used in FIDIC Contracts are examples of this trend. Whilst these measures have been devised to deal with issues in construction and infrastructure projects, the application is potentially much broader. Another manifestation of the trend towards early dispute resolution is the UK Government proposal for compulsory mediation in England and Wales. Is it a good idea? Should dispute avoidance measures be incorporated in Scottish contracts?
Brandon Malone, Ampersand Advocates
The Moveable Transactions Bill
Corporate lawyer Alastair Dunn considers the need for reform and the impact of the proposed new form of security over moveables in Scotland. Alastair’s presentation will look at: the background to the proposed new legislation which, once in force, will allow businesses and individuals to raise finance by the creation of a new form of security over moveable property, such as intellectual property and debtors; the inadequacy of the existing common law rules which have meant that the means of raising finance in Scotland have not been fit for purpose in a fast moving and modern economy; how the new types of security will improve matters and allow businesses easier access to finance; the practical implications of the new forms of security in practice; and overall, whether these reforms will live up to the billing of ‘once in a generation reforms’ to the commercial law of Scotland.
Alastair Dunn, BTO
Scottish contract law cases of 2022
A review of the important and notable contract law cases from 2022. This talk will supplement the other talks at the conference by covering some of the more general developments in the last year or so. It will be important for all practitioners wishing to stay abreast of the major and ongoing developments in the general law of contract.
Timothy Young, Ampersand Advocates