JJUA55131U International Commercial Disputes - NOTE: THE COURSE IS CANCELLED IN THE AUTUMN SEMESTER 2017

Within the European Union, indeed around the globe, international business transactions (IBTs), typically involving parties whose places of business are in different States, are regulated by a series of specialized rulesets. These rulesets are designed to promote “denationalization” of international business, thus levelling the commercial playing field, while promoting competition and trade.

The internationalization trend affects not only substantive rulesets (e.g., the law of obligations, including contracts and sales), but also regional and international rules which regulate IBT dispute resolution (by litigation or arbitration) and choice of law (Private International Law: PIL rules). Internationalization also impacts profoundly on substance, dispute resolution and PIL in tort and delict. The course is thus an interdisciplinary course designed to promote understanding of how key substantive, procedural and private international law (conflict of laws) rulesets operate in relation to IBTs, primarily as regards transactions and disputes involving contract and tort.
Starting with the international contract of sale as a substantive (contract law) paradigm, the course considers concrete cases and problems arising under the Vienna Sales Convention (CISG).

The CISG provide a platform for the exploration of procedural and conflict issues in a larger regional and international context, involving the international competence (jurisdiction) of national courts and international arbitral tribunals, choice of applicable law (in litigation and arbitration), recognition and enforcement of foreign judgments and arbitral awards.

The course includes consideration of key decisions by the European Court of Justice and national courts and arbitral tribunals applying European and international rules and conventions, e.g.:

• the UN Convention on Contracts for International Sale of Goods (1980)
• the EU Rome I Regulation on International Contracts (2008)
• the EU Rome Convention on Law Applicable to Contractual Obligations (1980)
• the EU Rome II Regulation on the Law Applicable to Non-contractual Obligations (2007)
• the EU Brussels I Regulation (2000) on International Court Jurisdiction and Recognition and Enforcement of Judgments
• the UNCITRAL Model Law on International Commercial Arbitration (2006)
• the UN New York Convention on Recognition & Enforcement of Foreign Arbitral Awards (1958).

Emphasis is placed on knowledge and skills relevant for practitioners who deal with litigation and arbitration of commercial problems at the transnational level.

Main Topics:

• General Introduction: Substance, Procedure & Conflict of Laws.
• Convention on Contracts for the International Sale of Goods CISG.
• International Jurisdiction for courts: EU Brussels I Regulation.
• Law Applicable to Contractual & Non-Contractual Obligations: EU Rome I & II Regulations.
• Recognition & Enforcement of Judgments under the Brussels I Regulation.
• International Commercial Arbitration: Model Arbitration Law􀀞 the UNIDROIT Principles
• Recognition & Enforcement of Arbitral Awards: the New York Convention.

This course is part of iCourts Excellence Programme (iEP) – International Law and Courts in a Global World, see 'Remarks' below.