Contract Masterclass webinar series

View our Contract Masterclass webinars on demand.

The enforceability of covenants, 5 August 2020

In this webinar we look at:

  • the enforceability of restrictive covenants in contractual agreements, including employment contracts;
  • the judicial and regulatory treatment of such clauses;
  • key pointers to consider when including such clauses in your contracts; and
  • severability of a clause (blue pencil test): the English, Singapore and Hong Kong positions.

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Traps when amending contracts and giving releases, 22 July 2020

In this webinar we look at:

  • enforceability of amendment clauses (no oral modification clauses);
  • implications of “subject to contract”; and
  • nature of release clauses and the effect in relation to joint and concurrent tortfeasors.

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Time of the essence and other key phrases – how do they work? 8 July 2020

In this webinar we look at:

  • Key phrases often used in contracts, including; time of the essence, reasonable and best endeavours, entire agreement, non-reliance and no oral modification clauses.
  • Recent judicial treatment of these clauses.
  • What these clauses mean in practice and practical drafting considerations.

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Drafting dispute resolution clauses, 24 June 2020

In this webinar we provide some practical tips on drafting effective dispute resolution clauses and explain issues relating to:

  • exclusive versus non-exclusive jurisdiction clauses and their implications;
  • arbitration clauses: what works and what doesn’t;
  • tiered-dispute resolution clauses; and
  • PRC-specific legal issues.

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Contract certainty – agreements to agree and implication of terms, 10 June 2020

In our fourth webinar cover:

  • the essential elements of a contract to be agreed before the courts will enforce it and the judicial treatment of agreements to agree.
  • the implied duty of good faith in commercial contracts and whether the concept is recognised by the Singapore and Hong Kong courts.

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Liability issues – exclusion clauses and the duty to mitigate, 27 May 2020

Our third webinar is designed to give you up to date guidance on contractual issues across Hong Kong, Singapore and PRC.

In this webinar we discuss:

  • the extent to which you can restrict liability and what the law currently says on exclusion clauses
  • the duty to mitigate and the reasonable steps one should take to minimise loss

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Good faith, contractual discretions, consents – how can you behave in times of market turmoil, 11 May 2020

In the second webinar we look at:

  • the legal constraints on a party when acting under a contractual discretion;
  • the legal constraints when deciding whether to provide or withhold consent under a contractual provision; and
  • when the duty to act in good faith constrains a party’s behaviour under the contract.

All of these are very relevant in times of market turmoil and we will provide practical guidance as to how to exercise and document these acts under the contract.

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Issuing a contractual notice – not as easy as it seems, 22 April 2020

In this first webinar we discuss the issuing of contractual notices, and why doing so may be less straight forward than you think in the age of electronic communications. We touch on how the postal rule works and doesn’t work. We give you practical tips on how to handle counterparty defaults and the key choices required given election and waiver in the context of terminating contracts.

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Future webinars in the series will cover other topics relevant during today’s challenging business climate including ‘time is of the essence’, mitigation, negotiating amendments and releases and exercising discretions.

If there are particular contractual issues that you would be interested in hearing about, please let us know at asia.events@simmons-simmons.com.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.