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Join Andrew Shipley as he discusses the legal aspects of getting paid, including contracts, international sales, enforcing agreements, and protecting against insolvency. Learn about choosing professional advisers, different laws and courts, risk management, and debt recovery strategies.
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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