International Trade Law Disputes

Course ID

B630002101

Course Title

Teaching language

English

ECTS value

Responsible study board

Study Board of Law

Date of Approval

08-02-2022

Course Responsible

Name	Email	Department
Aleksandra Tolea	alv@sam.sdu.dk	Privatret

Offered in

Odense

Level

Master

Offered in

Autumn

Duration

1 semester

Recommended prerequisites

Bachelor of Law or similar qualifications.

Aim and purpose

The purpose of this course is to give the student an in-depth knowledge of the settlement of international disputes between two private parties, related to an international trade transaction.

Content

The course gives an in-depth introduction to the arbitral process. It addresses both – the framework of arbitration and the process itself. In particular, it addresses the multitude of legal sources relevant within the framework of arbitration, i.e. the law governing the arbitration (lex arbitri), law applicable to arbitration agreement, institutional rules, significance of parties’ arbitration agreement and the interaction between these legal sources. It gives comparative perspectives by providing examples from multiple legal systems. The course introduces students to the issues of tribunal’s jurisdiction and courts’ role when determining jurisdiction of the tribunal. It addresses procedure by giving introduction to legal framework (comparative perspective) and specific institutional rules. The course also considers specific problems of choice of substantive law within arbitration, in particular the question of party autonomy, addressing choice-of-law strategies invoked by tribunals and application of lex mercatoria (including UNIDROIT Principles and PECL) and deciding by means of ex aqeuio et bono. It addresses the issues of enforcement and challenge of arbitral awards. Separate attention is devoted to the CISG as a source of international trade law – the ways in which the CISG came into being and the implications of these processes on the interpretation of its text.

Description of outcome - Knowledge

The participants should have knowledge of the generally applicable rules that apply to disputes regarding international trade transactions.

Description of outcome - Skills

The participants should be able to identify and describe the issues of legal nature that arise in connection with particularly international commercial arbitration of trade disputes. The Participant should be able to research these rules independently. The different rules should be compared and their legal implications should be analyzed.

Description of outcome - Competences

The participants should be able to identify and apply the applicable rules on international arbitration to a given case, thus being able to predict the outcome of a given dispute. The participants should be able to make a strategy based on this analysis and argue the case orally for one of the parties involved.

Literature

The extent of the literature is expected to be approximately 500-750 pages.

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

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.

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 11x3 lectures and one "question time-lecture" of 2 hours.

Workload:
1 ECTS is equivalent to 27 working hours. An estimated retail distribution of the workload of an average student can be:
Lectures: 35 hours.
Preparation for lectures: 50 hours.
Student lead case studies: 24 hours.
Preparation for student lead case studies: 58 hours.
Independent search for and analysis of materials: 55 hours.
Preparation for exams: 47 hours.
Exam: 1 hour.
Total: 270 hours.

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

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.

Updated 1st June 2022: International Trade Law Disputes (B630002101) has been cancelled for the autumn semester of 2022 due to a low number of registrations.

Courses offered

Offer period	Offer type	Profile	Education
Fall 2023	Optional	cand.jur. gældende fra 1. sept. 2020	Master of Laws (LL.M.) \| Odense
Fall 2022	Optional	cand.jur. gældende fra 1. sept. 2020	Master of Laws (LL.M.) \| Odense
Fall 2022	Optional	cand.merc.(jur.), gældende fra 1. sept. 2020	Master of Science (MSc) in Business Administration and Commercial Law \| Odense
Fall 2022	Exchange students			Fall 2023	Exchange students

Teachers

Name	Email	Department	City
Aleksandra Tolea	alv@sam.sdu.dk	Privatret

URL for Skemaplan

Odense

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