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Getting Paid. The Lawyer’s Perspective Presentation by Andrew Shipley Wednesday 27 th June 2007. Getting Paid – The Lawyer’s Perspective. It’s all a matter of law. Getting Paid – The Lawyer’s Perspective. Doing the right deal Recovering debts overseas Selecting Professional advisers.
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Getting Paid The Lawyer’s Perspective Presentation by Andrew Shipley Wednesday 27th June 2007
Getting Paid – The Lawyer’s Perspective It’s all a matter of law
Getting Paid – The Lawyer’s Perspective Doing the right deal Recovering debts overseas Selecting Professional advisers
Do the right deal / Contract How What When Interest Risk Protection from Claims Protecting from Insolvency Getting Paid – The Lawyer’s Perspective
Getting Paid – The Lawyer’s Perspective Enforcing the contract / deal • You have to use the courts
Getting Paid – The Lawyer’s Perspective Why should you treat International sales differently? The Risk Ladder
Getting Paid – The Lawyer’s Perspective • Which law • Which courts • How will I enforce my judgement
Getting Paid – The Lawyer’s Perspective • Distinguish disputed and non-disputed • claims
Getting Paid – The Lawyer’s PerspectiveWhich law (Forum Shopping) • Who will win • Limitation • Convenience • Length and cost of litigation • Interest • Available remedies and enforcement • Delay on enforcement
Getting Paid – The Lawyer’s PerspectivePrecautions • Obtain credit checks • Use account opening/ credit application forms • Trade references / bank references • Be aware that there are private databases available to businesses • Payment terms • Letters of credit
Getting Paid – The Lawyer’s PerspectiveThe basics • Credit checks • Frequent follow ups • Letters first • Phone calls • Use of debtors language best • Address genuine problems • Refer to lawyers as soon as possible
Group E – Departure – Ex works Group F – Main Carriage Paid – FCA, FAS, FOB Group C – Main carriage paid -CFR, CIF, CIP Group D – Arrival DAF, DES, DDU, DDP Getting Paid – The Lawyer’s Perspective
Recovery of debtsChoice of lawyers • Familiar with international recovery • Used to dealing across borders • Having the language if possible • Close to your debtor • Check speed and cost • Use to dealing with your contacts • Has a basic level of understanding of our system