We are delighted to be returning to the Hilton Glasgow for the first in our Scots Law 2024 Conference Series, exclusively available to delegates in person on the day.
Contract law requires a robustness to cope with the ever changing needs driven by commerce and innovation. This new conference, chaired by Alastair Dunn of BTO, takes a practical look at the essential drafting implications for modern contract lawyers.
Topics ranging from the impact of artificial intelligence, smart contracts, cross-border issues and the impact of sanctions to practical drafting skills, court intervention with freedom of contract and current trends in construction law contracts will all be considered.
An expert panel of speakers will join Alastair, including Dr Kirsty J Hood KC of Themis Advocates, Steph Innes from Dentons, Claire Mills of Brodies, Tim Edward from BTO, Brandon Malone of Ampersand Advocates and Quadrant Chambers and Susannah Cogman & Emma Deas of Herbert Smith Freehills.
What’s being covered?
Sanctions, contracts and litigation
The sanctions imposed on Russia following its invasion of Ukraine have been unprecedented in their volume and extent. Typically coming into immediate effect and sometimes poorly drafted, companies have had to make rapid decisions about whether or not to continue to perform affected contracts; the fall-out includes an increasing number of civil claims. This talk will provide an overview of sanctions - including how they are imposed, types of sanctions, the jurisdictional application of the UK, EU and US regimes, and asset freezing concepts - as well as reviewing lawyers' sanctions obligations. We will then discuss some of the recent English caselaw concerning the effect of sanctions on contractual obligations, including from a force majeure perspective, and issues arising in litigation against sanctioned parties.
Susannah Cogman & Emma Deas, Herbert Smith Freehills
Blockchain and smart contracts
In this session we will consider: what blockchain is and how it works; smart contracts - automating transactions; how smart contract will affect the practice of law; and how to resolve blockchain and smart contract disputes
A session exploring the impact of artificial intelligence on commercial contracts. The discussion will touch on the regulation of AI, and what this means for lawyers drafting contracts for the procurement of AI systems.
Steph Innes, Dentons
Practical content drafting tips
This extremely practical session will look at how you translate client instructions into contract terms, the use of styles and pro-forma documents, problem areas where poor drafting can lead to disputes – and how to avoid such issues in the first place. Issues of interpretation in relation to notice periods, exclusion of liability clauses and how to deal with errors in practice will all also be considered.
Alastair Dunn, BTO
Construction law contracts and current trends
In this session we will look at some of the key terms of bespoke and industry standard construction contracts. Current trends and the impact on your drafting and advice will also be considered.
Claire Mills, Brodies
Cross-border Issues in contract
This presentation will discuss the current rules on the cross-border aspects of contracts, including choice of court, choice of law, and cross-border recognition and enforcement. In particular, the presentation will discuss the 2019 Hague Judgments Convention which was signed by the UK in January 2024, so that practitioners are well-sighted on this in advance of its ratification and coming into force in the UK.
Kirsty J Hood KC, Themis Advocates
The scope for court intervention in contractual arrangements: interpretation, implied terms, good faith, unfair contract terms and beyond
A significant proportion of modern case law in our commercial and appellate courts continues to address the parameters of freedom of contract and in this session we will review some recent cases and pick out some themes that will be of relevance to both drafters and litigators in their day to day contractual advice.