Course description

Title of the Teaching Unit

Droit commercial international et résolution de conflits

Code of the Teaching Unit

21IDM11

Academic year

2023 - 2024

Cycle

Number of credits

5

Number of hours

60

Quarter

1

Weighting

Site

Montgomery

Teaching language

French

Teacher in charge

VILLANO Emilio Paolo

Objectives and contribution to the program

2. 1) General Objectives
The aim of the course is to give an overview of international commercial law and dispute resolution to non-lawyers in order to provide a basic understanding of legal issues deriving from international commercial relations in view of (i) creating sensitivity for when and where legal problems arise; and (ii) the interaction with either internal and/or external legal support.

2) Learning Goals - Learning objectives
At the end of this courses, students are expected to understand commercial structures and their connections. They should be able to understand international contracts and solve disputes based on international transactions.

Prerequisites and corequisites

- Law Fundamentals / Fondements du Droit
- Economic and Commercial Law / Droit économique
- Good notions of English language

Content

Part A - International Commercial Law and Dispute Resolution: Theory (30 h.)
• International business transactions;
• Negotiating international business transactions;
• International trading of goods;
• Technology transfers;
• Money and international business transactions;
• Governmental regulation of imports & exports & investments;
• Employment of people across national borders;
• The taking of foreign investments by governments;
• Immunity of states in commercial transactions;
• The act of State doctrine;
• Company structures;
• Dispute resolution (settlement: litigation and arbitration).

Part B – International Commercial Law and Dispute Resolution: Practice (30 h.)
• Case scenarios in relation to international commercial law under the United Nations Convention on Contracts for the International Sale of Goods (“CISG”);
• Simulation of commercial relations and solving disputes arising out of commercial relations by means of negotiation, mediation, arbitration;
• Review and negotiation of distributorship, agency, license agreement;
• Practical considerations in relation to alternative dispute resolution;
• Drafting of dispute resolution clauses;
• Case scenarios in relation to international arbitration;
• Simulation of interaction between management and internal legal support of a company on the one hand and external legal support on the other;
• Case scenarios in relation to international investment arbitration to the extent it relates to international commerce;
• Visit of one major international arbitration institution and/or court.

Teaching methods

Part A: « ex-cathedra » course for the theoretical part
Part B: - Interactive case studies
- Review and analysis of international contracts
- Visit of an international institution or court (e.g. Court of Justice in Luxemburg).

Assessment method

Usually individual oral exam but see more on the Pedagogical document

References

none