Proactive Contracting in International Trade (5cr)

Evaluation scale

H-5

Objective

The aim of the course is to learn how to plan and design contract processes and documents in international trade in such a way that potential problems and disputes are minimized and success in business is promoted for all involved.

Execution methods

Lectures (4 hours), team work with cases & seminar (16 hours) and a learning diary

Accomplishment methods

Written and oral presentation of the selected problem and suggested solution, active participation in the seminar, a learning diary.

Content

Students learn a proactive approach to contracting by going through real or imaginary cases where things have gone wrong, focusing on common causes of disputes and ways to prevent them. The theme for this year’s course will be the impact of standard terms and conditions and their informed choice and use on business, especially the requirements for the conclusion of a valid contract and for the inclusion of standard terms and conditions into it and how to ensure these requirements are met.

Materials

Thomas D. Barton, Preventive Law and Problem Solving: Lawyering for the Future Convention on Contracts for the International Sale of Goods (CISG), https://iicl.law.pace.edu/cisg/page/texts-cisg and related Advisory Council Opinions https://www.cisgac.com/opinions/ Case Law on UNCITRAL Texts (CLOUT), https://uncitral.un.org/en/case_law World Commerce and Contracting, Most Negotiated Terms 2020 (or newer), Most Disputed Terms and Most Important Terms vs. Most Negotiated Terms, https://www.worldcc.com/Resources/Content-Hub/View/ArticleId/9934/Most-Negotiated-Terms-2020 Willem C. Vis International Commercial Arbitration Moot problem, https://www.vismoot.org/29th-vis-moot/#problem

Assessment criteria, approved/failed

Pass/fail

Qualifications

BA, International Sales Law recommended but not necessary