JJUA55083U International Commercial Contracts

SUBJECTES AND THEMES
 

• The main objective of the course is to acquaint students with
  different aspects of contractual practice in the dynamically evolving field of international commerce. Rapid processes of globalization in the international trade give rise to increasing expectations regarding legal services, accompanying cross-border commercial exchange.
  Lawyers, assisting at and facilitating transnational transactions, are also frequently facing particular challenges, which do not find direct counterparts in the domestic practice.
  The course aims at a structured presentation of legal aspects of international contracting, supplemented by the perspectives of economics, negotiations and international trade.
  Understanding of specific needs of the international business environment, ability to establish efficient communication with demanding commercial clients, and interpersonal skills required for successful negotiations will be practiced along with traditional legal competences, such as
  drafting contracts, legal research, case analysis and formulation of oral and written opinions.

• The module will acquaint students with general problems of freedom of contract in international transactions, applicable law, formation and validity of a contract, as well as standards of performance and liability for breach of a contract. Selected types of agreement, particularly popular in international commercial exchange, are discussed in detail. The course presents competing strategies in drafting cross-border contracts (formalization vs. the demands of quick flow of commerce) and demonstrates practical consequences of adopting them.
  
  Extensive use of case studies will exemplify recurring problems and possible ways of addressing them, found in international contractual practice. The course will cover the following themes:
   
• international commercial contracts in the global context of cross-border trade
• economic and legal dimensions (dispersed business activity, global production networks and identification of the parties to a contract, perspectives of development of the international trade
• principal sources of law for international business contracts. The role of standard trade terms and model forms formation of commercial contracts. Negotiating and drafting strategies.
• international sale of goods, agency, distributorship, licensing, franchising, dispute resolution

METHODOLOGY

• The course will combine legal doctrinal and comparativeapproach with analysis offered from the perspectives of economics, negotiations and international trade.

SPECIFIC ACTIVITIES
The course will base extensively on:

• case studies; oral and written skills training through individual and team assignments, seminar discussion, negotiations simulations, drafting exercises.