Overview 

Senior attorneys, advocates in private practice and corporate legal advisors frequently face significant professional exposure when structuring transactions that span multiple legal jurisdictions. A single misaligned clause in a cross-border agreement can render a hard-won contract completely unenforceable, leaving your client or organisation with zero recourse in foreign courts. Relying on default templates or familiar local clauses in an international context is one of the highest-risk practices in modern commercial drafting.  

To structure a defensible cross-border transaction, practitioners must move beyond standard domestic boilerplate. Every cross-border contract operates within a complex hierarchy of international norms, mandatory rules of court and regional trade regulations. True margin and asset protection require an enforcement-first mindset: choosing a governing forum and jurisdiction based on where the counterparty's actual physical assets reside, then structuring the governing law, dispute resolution and commercial risk-sharing mechanisms around that foundation. 

Join Adv. Elgemé Haarhoff on 20 October 2026 from 10h00 to 12h00 for this intensive, practical webinar. This session is specifically designed to equip legal practitioners, corporate counsel and financial directors with a robust negotiation playbook and drafting guidelines to mitigate cross-border transactional risks. 

Learning objectives 

Attending this webinar will equip you with the following skills: 

• Assess and map the five distinct layers of law governing any cross-border contract, establishing exactly where party autonomy ends. 

• Determine governing law, forum selection and the arbitral seat based on empirical asset location and enforcement grounds rather than standard drafting habit. 

• Evaluate how recent 2025–2026 legal developments alter existing agreements, including shifting US tariff authorities, the ICC 2026 Rules, the UK Arbitration Act 2025, the Hague 2019 Judgments Convention and Omnibus I. 

• Draft and review high-risk commercial clauses, including CISG exclusions, tiered dispute resolution, force majeure vs hardship, trade measures, sanctions, environmental social governance (ESG) rules and liability caps. 

• Structure pricing and margin protections by linking contract terms directly to financial metrics, including tariffs, Carbon Border Adjustment Mechanism (CBAM) costs, FX exposure and price indexation. 

• Apply a practical 10-point pre-signing checklist and a structured negotiation playbook to live international transactions. 

Content 

The webinar will cover the following topics: 

• Legal Framework for Cross-Border Contracts 

  • Hierarchy of norms and sources of international commercial law 

  • Party autonomy – Rome I Article 3 and Hague Principles 2015 

  • Default connecting factors 

  • Overriding mandatory provisions – Rome I Article 9, Ingmar and Nikiforidis 

  • Non-contractual obligations – Rome II Article 14 

• United Nations Convention on Contracts for the International Sale of Goods (CISG) 

  • Scope of application – Article 1(1)(a) and 1(1)(b) 

  • Article 95 reservations and Article 6 exclusion of the CISG 

  • Contract formation and formalities – Articles 4 and 11 

  • Battle of forms – Article 19 

  • Fundamental breach and avoidance – Articles 25 and 49 

  • Examination and notice requirements – Articles 38 and 39 

  • Damages and foreseeability – Article 74 

  • Exemption for impediments – Article 79 

• Soft Law and International Trade Rules 

  • UNIDROIT Principles 2016 

  • Hardship – Articles 6.2.1–6.2.3 

  • Force majeure – Article 7.1.7 

  • Incoterms® 2020 – delivery, risk and customs clearance 

  • FCA versus FOB and DDP considerations 

  • UCP 600 and eUCP 

  • URDG 758 and ISP98 

  • ICC Force Majeure and Hardship Clauses 2020 

• Jurisdiction, Arbitration and Enforcement 

  • Exclusive, non-exclusive and asymmetric jurisdiction clauses 

  • Hague Choice of Court Convention 2005 

  • Hague Judgments Convention 2019 

  • Brussels Ia Regulation – Articles 25 and 31(2) 

  • New York Convention – Article V grounds for refusal of recognition and enforcement 

  • Singapore Convention on Mediation 2019 

  • Seat versus venue of arbitration 

  • Separability and competence-competence 

  • Joinder and consolidation under the ICC Rules 

  • Anti-suit injunctions 

  • Sovereign immunity from suit and execution 

• Recent Developments Affecting Cross-Border Transactions 

  • US trade measures, including IEEPA developments, Trade Act sections 122 and 301 and Tariff Act section 338 

  • Section 232 valuation considerations 

  • Importer of record, rules of origin and drawback 

  • Carbon Border Adjustment Mechanism (CBAM) 

  • 2026 ICC Arbitration Rules – Terms of Reference, Early Determination, HEAP and EPP threshold 

  • Arbitration Act 2025 – sections 6A, 23A and 39A 

  • PRC Arbitration Law 2026 

  • CSDDD and CSRD developments following Omnibus I 

  • EU Deforestation Regulation (EUDR) 

  • Forced Labour Regulation 

  • EU sanctions and Regulation 833/2014 Article 12g 

  • EU Blocking Statute and PRC Anti-Foreign Sanctions Law 

  • EU Data Act Article 13 

  • Model Law on Electronic Transferable Records (MLETR) 

  • Electronic Trade Documents Act 2023 

• Drafting and Reviewing High-Risk Contractual Clauses 

  • Governing law and CISG election clauses 

  • Tiered dispute-resolution clauses 

  • Arbitration clauses and choice-of-court provisions 

  • Force majeure versus hardship 

  • Change-in-law provisions 

  • Trade-measure and tariff refund-sharing clauses 

  • Price indexation and currency provisions 

  • Currency of account versus currency of payment 

  • Letters of credit and trade finance provisions 

  • Retention of title 

  • Sanctions and compliance clauses 

  • Shared-responsibility ESG clauses 

  • Limitation of liability and indemnities 

  • Liquidated damages and penalty doctrine 

  • Language, notices and process-agent provisions 

  • Waiver of immunity and execution formalities 

  • No oral modification clauses 

  • Contractual limitation periods 

• Practical Application 

  • Ten-point pre-signing cross-border contract checklist 

  • Enforcement-first approach to contract negotiations 

  • Identifying legal, customs, sanctions and regulatory risks 

  • Allocating tariffs, CBAM costs and refund entitlements 

  • Assessing foreign exchange and price-indexation exposure 

  • Identifying provisioning and contingent-liability implications 

  • Negotiation playbook for high-risk cross-border transactions

About the presenter 

Adv. Elgemé Haarhoff 

Adv. Elgemé Haarhoff successfully completed SS-Law (Cum Laude) in 2014 presented by the University of Pretoria in Association with the Pretoria Society of Advocates. 

Since 2014, Adv. Haarhoff underwent 17 continuous development courses, inter alia, Cybercrime by Prof. DP van der Merwe, who assisted in drafting the Cybercrimes Act and publication of the book titled “Information and Communications Technology Law” and Cybercrimes under her LLM Degree by Adv. Wilma Gernandt from the Justice College who also assisted in drafting of the Cybercrimes Act. 

Adv. Haarhoff furthermore completed various leadership courses and successfully completed her BA-Law degree in 2016. 

During 2018 she became a Divorce and Family Mediator, completed numerous Trial Advocacy Courses presented by the Pretoria Society of Advocates, Pretoria Attorneys Association including the Black Lawyers Association, Advanced Psychology Training for Mediators, and School for Legal Practice through the University of Pretoria. 

In 2019 she obtained her LLB degree (Academic Information Management; Criminology; Family law; Legal Practice; Deeds and Notarial Practice; Statutory Crimes) from the University of Pretoria and completed her Pupillage (cum laude) at the Gauteng Society of Advocates in 2020. 

Adv. Haarhoff became admitted during 2021 and ever since practiced as an advocate of the High Court, passionate about Criminal Law. 

Adv. Haarhoff completed her LLM Degree in Procedural Law in 2023 at the University of Pretoria and is a LLD Prospective Candidate at the University of Pretoria. 

Who should attend? 

The following persons will benefit from attending this webinar: 

• Attorneys. 

• Corporate Legal Professionals. 

• Legal Academics. 

• Candidate attorneys. 

• Law Students. 

• Paralegals. 

Price 

• 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)  

Steps to register for the event:  

If you already have a profile, login and register for the webinar. 

If you don’t have a profile, create a free profile then login and register for the webinar. 

Click here  to create a free profile (There is no charge to create a profile and gain access to our free Monthly Practice Management Series). 

Click here  to find out about the Technical Resource Centre & CPD Subscription options. 

Additional material 

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. 

About SA Legal Academy 

Welcome to SA Legal Academy (SALA), a provider of courses to help you succeed in your chosen career. We are committed to providing our students with the highest quality training and support, to ensure that your skills and knowledge are up to date and ready to face the challenges of the modern workplace. Our courses are designed to ensure that you reach your professional goals and enhance your career prospects. With our experienced training staff and comprehensive resources, you can be confident that you will receive the highest quality of training from SA Legal Academy. 

SALA is a Level 2 B-BBEE contributor, with 125% procurement recognition. Training spend on certain solutions can be allocated against the Skills Development element of the B-BBEE Scorecard through accredited and nonaccredited training or claimed through SETA grants. In addition, 25% of your Skills Expenditure can be claimed on non-accredited training or courses. 

Corporate Training Solutions 

At SALA, we recognise the evolving needs of businesses in today's dynamic environment. Beyond our standard webinar offerings, we provide tailored corporate training solutions designed to empower your team with the latest in legal and professional skills. Whether you're looking for online sessions or face-to-face training, our programs are crafted to ensure a comprehensive and engaging learning experience. 

Drawing inspiration from modern training methodologies, our corporate solutions are interactive, adaptable, and focused on real-world applications. We prioritize hands-on learning, ensuring your team can immediately apply their newfound knowledge in practical scenarios. 

Interested in a bespoke corporate training experience? Reach out to us at [email protected] or call 012 941 0448. Together, let's design a training program that elevates your team's capabilities and aligns with your organizational goals. 

Contact Us For More Information 

Have any questions or need any assistance? Contact us today!  

• Online chat through our website.  

• Phone: +27 (0) 12 941 0448  

• E-mail: [email protected]