HAJ_3ICT - International commercial law* "CLOSED FOR FURTHER ENROLMENT"
Faculty
Professor Peter Arnt Nielsen
Course Coordinator
Peter Arnt Nielsen
Prerequisite/progression of the course
Knowledge of commercial law an advantage, but not a pre-requisite.
Course content, structure and teaching
International Commercial Law is taught in English, and the literature used is in English as this is the language the commercial lawyer uses during international contract negotiations and international commercial arbitration. However, fluency in English is not required.
Due to globalisation, it is essential for commercial lawyers to acquire a thorough knowledge of international contract law and international commercial arbitration. Furthermore, with this knowledge businesses will be able to put themselves into the best possible strategic position when negotiating, drafting and performing international contracts and when settling disputes arising out of such contracts.
The course objective is to provide students with a detailed knowledge of International Contract Law and International Commercial Arbitration in order to enable students to negotiate and draft international contracts on outsourcing and sale of goods and provision of services and to enable students to solve by means of arbitration disputes arising out of such international commercial contracts.
In the part dealing with international contracts, focus is on the negotiation process, the drafting of contracts, the performance of the contract, remedies for breach of contracts and dispute-settlement clauses such as choice-of-law clauses, jurisdiction agreements and arbitration agreements. The legislative basis is the United Nations Convention for the International Sales of Goods (CISG) and the lex mercatoria as expressed through principles of international contract law such as the Unidroit Principles for International Commercial Contracts (Unidroit Principles) and the Principles of European Contract Law (PECL).
In the second part dealing with international commercial arbitration, emphasis is on different forms of arbitration (ad hoc and institutional arbitration), the drafting of arbitration agreements, the conduct of arbitration proceedings, choice of law, invalidity of arbitral awards and recognition and enforcement of arbitral awards. The legislative basis is UNCITRAL’s Model Law for International Commercial Arbitration, UNCITRAL Arbitration Rules, the New York Convention on Recognition and Enforcement of Arbitral Awards and the rules of procedure of the most well-known international arbitration institutions.
The course's development of personal competences
Obtain profound knowledge of international commercial arbitration and international sales of goods. Ability to negotiate international contracts and participate in arbitration proceedings.
Type of examination, exam aids and assessment
Written exam, 4 hours, all aids allowed (open book). Students may bring their own computers. Ordinary assessment.
Recommended literature
- Joseph Lookofsky, Understanding the CISG in Scandinavia, paperback, 3rd edition 2008.
- Alan Redfern and Martin Hunter, Law and Practice of International Commercial Arbitration, paperback, 4th edition 2004.
- Materials on Sitescape.
Enrolment
THIS COURSE IS NOW FULLY BOOKED - NO ADDITIONAL EXCHANGE STUDENTS MAY REGISTER!
Last updated by The Electives Office 03/07/2009