Ateneo - UPO

The course aims at explaining the general framework of international contracting in the global market, both at the European and the international level. After introducing the basic concepts, the main actors and the legal sources of international trade, the course will provide students with a general knowledge of international contracts (negotiation, drafting and performance issues), especially focusing on the current practices, case law and arbitral awards. The final part of the course considers important aspects of international litigation and alternative dispute resolution.

F. BORTOLOTTI, Internazional Contract Law, CEDAM, Last Edition

A broad and depth knowledge of main rules governing international contracts and acquisition of a dynamic comparative methodology in order to correctly analyze the performance of an international contract in different legal systems in the world

Lectures and tutorial, with visual and power point systems.
During the course attending students will form working groups. Each group will choose a topic for the paper. There are two types of suggested topics: 1) case studies on specific examples of international business schemes; 2) judgements or arbitral awards on international disputes.
Each student shall write at least three pages of the paper. Individual contributions for each section of the paper shall be clearly mentioned in a footnote at the beginning of the paper.
The papers have to be delivered to the Professor via e-mail no later than the half of November. They shall be discussed in front of the classroom, and they shall contribute to the final evaluation.

Not mandatory, but higly suggested attendancy

Both written and oral examinations

IThe first part of the course shall concern the following topics: Introduction to Comparative Law. Main legal systems in the World. The legal framework for international business transactions. The Civil Law and Common Law traditions compared. Modernization process in East Asian Legal Systems and legal reform in Developing Countries.
Then, referring to International Contract Law, the following subject shall be explained and discussed during lectures: national and international contracts, the role of Uncitral, International Chamber of Commerce, WTO, WIPO, Unctad and International Trade Center in developing International contracts legal framework. The choice of law and jurisdiction in international contracts. International arbitration: rules and procedures. Other alternative dispute resolution remedies. Negotiation, drafting and performance of international contracts. International commercial agency, franchising and other single international contracts regulations.

Students, at the end of the course, should be able to identify the rules applicable to international contracts, having regards to both their origin (national, supranational or private) and their binding or non-binding character. Besides students should be able to understand the factors to be taken into account to choose the best legal structure for a specific international contract, to identify the main factors to be taken into account when interpreting an international contract and to identify, for a specific transaction and its regulation, the legal consequences in terms of allocation of risks among the parties, allocation of rights and obligations, distribution of profits. Finally students should also be able to assess the comparative efficiency of alternative models of commercial transactions, given their regulation, and to understand benefits and costs of alternative techniques of dispute resolution