International Commercial Contracts and Arbitration (2023/2024: periode 3)

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Cursusdoel

After completion of this course students are able to:

  • have a deeper insight into practice of and the international, national, and transnational law applicable to cross-border commercial contracts and alternative or out-of-court methods of resolving disputes arising from these contracts
  • demonstrate a deep understanding the strategic decisions involved in the contractual allocation of costs and risks in cross-border transactions
  • demonstrate a deep understanding of the use of arbitration in the settlement of commercial disputes
  • critically evaluate various methods of resolving commercial disputes and identify decisive factors choosing among these methods

Relationship between tests and course goals:

In this course, the final grade is based on four elements: assignment, paper, written exam and participation in class discussion/students presentations

  1. Assignments and presentations: frequent written and oral individual or group assignments that tests your knowledge and critical reflection of relevant strategic commercial decisions in light of the applicable law on international transactions, in particular, the United Nations Convention on Contracts for the International Sale of Goods.
  2. Paper: this tests your knowledge of the practice of and law applicable to international commercial transactions, and ability to conduct research on the junction of contract law, business law, and international law.
  3. Written in-class exam: this tests your knowledge of settlement of commercial disputes in international context, in particular issues pertaining to international litigation and arbitration and ability to apply relevant legal sources unified on the EU and/or on the international level.
  4. Participation in class discussions/students presentations: this tests your ability to carry out legal analysis of relevant concepts and case law and tests your presentation skills.

Vakinhoudelijk

These days, commerce and trade increasingly move across national borders. Structuring the legal relationships between professional parties will, therefore, require familiarity with the international legal environment of cross-border business transactions and dispute resolution. This course introduces you to the practice of and national, international, and transnational norms applicable to doing business abroad. This course is divided into two parts.

In the first part is dedicated to commercial contracts for international commercial transactions. The legal analysis of the commercial goals and contractual instruments of commercial actors is combined with scholarly and critical reflection. Students gain insights on the junction of contract law, corporate law, and international law.. Here, attention is given to international law instruments such as the United Nations Convention on Contracts for the International Sale of Goods, at times in comparison with American and Dutch contract law, as examples of civil and common law jurisdictions, and non-binding, transnational instruments such as the INCOTERMS promulgated by the International Chamber of Commerce.

The second part is primarily devoted to procedural law – international litigation and commercial arbitration. Firstly, It provides an in-depth study of relevant aspects of international litigation. Thereafter, it examines alternative or out-of-court methods of resolving commercial disputes with international elements., whereby the focus is on commercial arbitration. The topics to be discussed include the procedural framework and sources, public policy, arbitrability and mandatory rules, the validity of the arbitration agreement, the applicable procedural and substantive law, issues relating to the establishment of the tribunal, powers and duties of arbitrators, and some aspects of the conduct of arbitral proceedings. Particular consideration is given to the role of the national courts in arbitration. It is especially so with respect to the extent of judicial review in the proceedings for setting asideof the award and in the procedure for the enforcement of the award. When addressing the issues concerned, a comparative approach is used - the different arbitration rules, arbitration statutes, international treaties, and relevant case law are analysed.

Format
The course will have a heavy emphasis on class participation and interactive learning. The class will meet twice a week. The general format of the course will be a combination of class discussions, seminars, mock sessions, student presentations, and lectures. The students are expected to complete assigned readings and projects prior to weekly meetings. First, weekly sessions will start with brief student presentations or class discussion reviewing the previous week’s material. A lecture or workshop complementing the readings will follow. The second weekly session may involve class discussions of assignments

Werkvormen

UCU course

Toetsing

Students presentations

Verplicht | Weging 10% | ECTS 0,75

Final exam

Verplicht | Weging 30% | ECTS 2,25

Assignments

Verplicht | Weging 30% | ECTS 2,25

Paper

Verplicht | Weging 30% | ECTS 2,25

*midterm FEEDBACK*

Niet verplicht

Ingangseisen en voorkennis

Ingangseisen

Er moet voldaan zijn aan de cursus:

Voorkennis

Prior background in international, private, and procedural laws, in particular on commercial contracts and arbitration, may be beneficial but is not mandatory.

Voertalen

  • Engels

Cursusmomenten

Gerelateerde studies

Tentamens

Er is geen tentamenrooster beschikbaar voor deze cursus

Verplicht materiaal

  • READER
    Reader ‘International Commercial Arbitration – Documents’
  • DIVERSE
    Photocopied material

Aanbevolen materiaal

Er is geen informatie over de aanbevolen literatuur bekend

Coördinator

dr. V. Lazic V.Lazic@uu.nl

Docenten

mr. C.J.W. Baaij C.J.W.Baaij@uu.nl
dr. V. Lazic V.Lazic@uu.nl

Inschrijving

Let op: deze cursus is niet toegankelijk voor studenten van andere faculteiten, bijvakkers mogen zich dus niet inschrijven.

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