International Trade Law Disputes

Study Board of Law

Teaching language: English
EKA: B630002102
Censorship: Second examiner: None
Grading: 7-point grading scale
Offered in: Odense
Offered in: Autumn
Level: Master

Course ID: B630002101
ECTS value: 10

Date of Approval: 20-02-2018


Duration: 1 semester

Course ID

B630002101

Course Title

International Trade Law Disputes

Teaching language

English

ECTS value

10

Responsible study board

Study Board of Law

Date of Approval

20-02-2018

Course Responsible

Name Email Department
Kristina Siig kms@sam.sdu.dk

Offered in

Odense

Level

Master

Offered in

Autumn

Duration

1 semester

Mandatory prerequisites

None.

Recommended prerequisites

Bachelor of Law or similar qualifications.

Aim and purpose

This course deals with international trade law and international arbitration and as such it is an expansion on the International trade law course offered on year 3. Additionally, the introduction into international arbitration provides for an expansion of the knowledge obtained by the students in the mandatory course on civil procedure.

International trade counts for over 2/3 of the world trade today. As a basic requirement it is required for a practitioner within this field to have a thorough knowledge about the relevant legal conventions/model laws/principles/doctrines and ways to settle disputes when trading across borders and legal systems. The course will provide participants with that knowledge. Furthermore, the course will provide the students with the skills necessary to not only solve a legal dispute from an objective point of view but also to make strategic decisions as to how the law is best argued in order to obtain the best possible position for a potential client. In this way the course aims at providing the participants with the competence necessary to deal independently with any dispute within this area of law. 

Content

The main objective of the course is to study the Convention on the International Sales of Goods (CISG), as the predominant convention governing international trade. In supplement payment methods in international trade (UCP 600), and the relevant freight and delivery clauses (INCOTERMS), as well as the UNIDROIT-principles (UNIDROIT) and the principles of European Contract Law (PECL) international will be subject to study and discussion. Any situation involving a dispute within International trade requires an in depth knowledge of matters of dispute resolution. The course will focus on arbitration as being the preferred and most practical method of dispute resolution, providing also an in-depth knowledge of the 1958 New York Convention and the UNCITRAL Model Law on International Commercial Arbitration.

Learning goals

The participants should be able to identify and describe the issues of legal nature that arise in connection with particularly international sales. The different rules should be compared and their legal implications should be analysed, thus enabling the participants to apply the rules to given cases and predict the outcome of a given dispute. Secondly, the participants should be able to identify and apply the applicable rules on international arbitration to a given case and argue the case orally.

Literature

Parts of Margaret L. Moses, The Principles and Practice of International Commercial Arbitration, latest edition.

Siig, Arbitration Agreements in a Transport Law Perspective, p. 244-256 and p. 295-319.

Siig, Multi-party arbitration in international trade: problems and solutions, Int. J. Liability and Scientific Enquiry, Vol. 1, Nos. 1/2, 2007, p. 72-84.

Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods (CISG), p. 120-181, 398-437, 568-594, 724-732.


Further readings incl. articles may be required.

Primary materials such as international conventions and cases as required. 

The required reading for the exam will amount to approx. 850 pages. 

In addition to the listed literature the student is expected to be able to research e.g. case law or other relevant articles independently in given databases. 

Teaching Method

The purpose is to attract Danish as well as exchange students and to benefit from the different level of knowledge and background each student brings to the class. There will be an emphasis on student participation, and it will be required that students make presentations and participate in discussions and Moot Court exercises.

Student-lead self-tuition: Case- and group work including moot court exercises are prepared in the weeks where there is no scheduled teacher-lead tuition. Students are expected to participate in this. Each student is expected to make at least one class presentation of a case or a given problem as instructed by the teacher. 

Workload

Scheduled classes:
The course will be taught as 9x3 lectures.

1 ECTS is equivalent to 27 working hours. An estimated retail distribution of the workload of an average student can be:
Lectures: 27.
Preparation for lectures: 100.
Student lead case studies: 24.
Preparation for student lead case studies: 34.
Independent search for and analysis of materials: 30.
Preparation for exams: 54.
Exam: 1.
Total: 270.

Examination regulations

Exam

Name

Exam

Timing

Exam: January
Reexam: February

Tests

Exam

Name

Exam

Form of examination

Oral examination

Censorship

Second examiner: None

Grading

7-point grading scale

Identification

Student Identification Card - Date of birth

Language

English

Duration

20 minutes oral exam

ECTS value

10

Additional information

Oral examination, 20 minutes without preparation based on presentation and discussion of one of the moot court exercises as well as questions in the general syllabus.

EKA

B630002102

External comment

NOTE - This course is identical with the former course 9317501 International Trade Law Disputes.
Used examination attempts in the former identical course will be transferred.
Courses that are identical with former courses that are passed according to applied rules cannot be retaken.

The student is automatically registered for the first examination attempt when the student is registered for a course or course element with which one or more examinations are associated. Withdrawal of registration is not possible, and students who fail to participate in an examination have used one examination attempt, unless the University has made an exemption due to special circumstances. 
If a student does not meet the established university prerequisites for taking the exam, he or she has used one examination attempt, unless the University has made an exemption due to special circumstances.

Examination form at the re-examination can be changed. 

The student must enroll for the reexamination via Student Self-service within the registration period. 

Courses offered

Offer period Offer type Profile Education Semester
Fall 2018 Optional Cand.jur. hverdag Master of Laws (LL.M.) | Odense
Fall 2018 Optional Cand.merc.jur. Master of Science (MSc) in Business Administration and Commercial Law | Odense
Fall 2018 Exchange students

Teachers

Name Email Department City
Aleksandra Tolea alv@sam.sdu.dk
Kris Munk krmu@sam.sdu.dk

URL for Skemaplan