In today’s global economy, no legal professional can afford to think locally. Once a transaction crosses a national border, familiar legal principles become intertwined with foreign laws, international conventions and complex enforcement systems. A contract that seems watertight under South African law could easily collapse under English, German or Chinese law thereby exposing clients to unexpected risks.
This webinar will show participants how to choose the right governing law, select effective dispute resolution mechanisms and structure contracts for enforceability wherever counterparties operate.
Join Adv. Dwight Snyman on 26 November 2025, from 10h00 to 12h00, as he explores international contracting and shares practical tools to help you draft, interpret and enforce agreements that remain robust across borders.
Attending this webinar will equip you with the following skills:
Understand the legal foundations of cross-border contracts, including the role of governing law, jurisdiction and dispute resolution in ensuring enforceability.
Identify and mitigate key risks in international transactions through sound drafting and due diligence.
Draft and interpret essential cross-border clauses such as choice of law, arbitration, force majeure and limitation of liability.
Navigate the impact of international instruments such as the CISG, the UNIDROIT Principles and the New York Convention.
Develop strategic foresight to approach international contracts as frameworks for mutual protection and commercial stability.
The webinar will cover the following topics:
Introduction to Cross-Border Contracting
Definition and scope of international contracts
Distinction between domestic and transnational agreements
Sources of international contract law (national law, trade usages, lex mercatoria)
The role of private international law in cross-border transactions
Governing Law and Choice of Law Clauses
Doctrine of party autonomy
Determining the proper law of the contract
Mandatory and overriding mandatory provisions (lois de police)
Application of the Rome I Regulation and comparative frameworks
Interaction between national law and conventions such as the CISG
Jurisdiction and Forum Selection
Principles of jurisdiction under private international law
Exclusive vs. non-exclusive jurisdiction clauses
Forum non conveniens and parallel proceedings
Recognition and enforcement of foreign judgments
Arbitration and Alternative Dispute Resolution
Arbitration as a preferred mechanism for international disputes
Drafting effective arbitration clauses (seat, rules, and institutions)
Recognition and enforcement of awards under the New York Convention
Mediation and multi-tier dispute resolution frameworks
Formation and Validity of International Contracts
Offer and acceptance in cross-border transactions
Impact of the CISG on contract formation
Capacity, consent and defects in formation
Formal validity and public policy restrictions
Performance, Breach, and Remedies
Interpretation of obligations under divergent legal systems
Impossibility, frustration and force majeure
Comparative remedies under CISG and common law
Risk Allocation and Drafting Techniques
Structuring payment and delivery terms (INCOTERMS 2020)
Limitation of liability, indemnities and warranties
Confidentiality and non-disclosure clauses
Best practices for drafting governing law and dispute resolution provisions
Enforcement of Judgments and Awards
Recognition and enforcement mechanisms
Enforcement under the Hague Choice of Court and New York Conventions
Asset tracing and execution in foreign jurisdictions
International Regulatory and Compliance Considerations
Sanctions, export controls, and anti-corruption laws
AML and counter-terrorism compliance
Data protection and cross-border data transfers (GDPR)
Emerging Trends and Practical Guidance
Digital trade and smart contracts
Blockchain-based transactions and e-commerce law
Cultural and legal negotiation strategies across jurisdiction
Adv. Dwight Snyman is an admitted member of the Johannesburg Society of Advocates and is accredited by the Legal Practitioners Council as an Advocate of the High Court of South Africa. Adv. Snyman completed articles of clerkship, and attorney’s competency exams under the auspices of the Wits Law Clinic. He completed his Advocacy pupillage under the tutelage of the esteemed Adv. Louis Du Bruyn.
Adv. Snyman has had opportunity and success in litigation, in the High and Magistrates’ Courts of the republic, the CCMA, Disciplinary Hearings and assorted other venues and forums, and has become possessed of practical litigation experience beyond what would normally be expected from a practitioner of his age and seniority. He is the holder of a degree in Politics, Philosophy and Economics (PPE) from the University of Cape Town, and postgraduate Bachelor of Laws (LLB) from the University of the Witwatersrand, for which he was accorded the honour of being on the Dean’s list for his academic performance.
The following persons will benefit from attending this webinar:
Attorneys.
Corporate Legal Professionals.
Legal Academics.
Candidate attorneys.
Law Students.
Paralegals.
R 400.00 - Online admission - Individual.
Group Price 1 - From R337 per person (up to 5 users)
Group Price 2 - From R260 per person (up to 10 users)
Group Price 3 - From R224 per person (over 11 users)
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By attending this webinar you will be provided with:
A summarised slide presentation.
Reference documents and/ or course material where available.
You can ask questions during the webinar and you will also have access to the presenter after the webinar.
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