Course description
Title of the Teaching Unit
International commercial Law and Dispute Resolution
Code of the Teaching Unit
21IDM20
Academic year
2024 - 2025
Cycle
Number of credits
5
Number of hours
60
Quarter
1
Weighting
Site
Anjou
Teaching language
English
Teacher in charge
VILLANO Emilio Paolo
Objectives and contribution to the program
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.
Specific Objectives in terms of theory
At the end of the course, the participants should be able to understand commercial structures and their connections with each other.
Specific Objectives in terms of know-how
At the end of the course, the participants should be able to work with and understand international contracts and solve disputes which may arise out of international transactions.
Specific Objectives in terms of professional conduct
The students are expected to attend all classes and to have an interactive attitude.
Discussions are encouraged.
Competency Goals :
CG 1 Disciplinary Knowledge
CG2 Operational
CG4 Open to the world
CG5 Aware of complexity / Critical Mind
CG6 Communicate orally and in writing in several languages
Prerequisites and corequisites
Good notion of English language; general interest in international transactions.
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 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
Teaching Method
Part A: International Commercial Law
Ex-cathedra, syllabus
Part B: International Dispute Resolution
Creative. Interactive. Case studies.
Reviewing and analyzing commercial contracts.
Excursion to an international institution or court.
Pedagogical Support
For the practice, the teaching material includes official documents from the CISG, BLEU and ICC as well as NY-Conventions and contracts. Furthermore, power point presentations will be uploaded on ICHEC Moodle.
Assessment method
Formative evaluation
Part A: International Commercial Law
Part B: International Dispute Resolution
In January : written examination
In August : to be defined
References
• Dispute Settlement, International Commercial Arbitration Module 5.1; see http://www.unctad.org/Templates/Page.asp?intItemID=2102&lang=1;
• John O. Honnold, Uniform Law for International Sales under the 1980 United Nations Convention.