Le Grand Syllabus 2016/2017
Course Description : The lectures will examine commercial contract practice and analyse how contracts are affected by different applicable sources, including transnational sources of soft law, international conventions and national law. In respect of the latter, the main lines about choice of the applicable national law will be examined. Also the role of international arbitration will be discussed. Required reading : Giuditta Cordero-Moss, International Commercial Contracts, Cambridge University Press 2014.
Teachers : Rodney DE SOUZA (Avocat au Barreau de New-York). Prerequisite : A basic understanding of international commercial law. Pedagogical format : Workshop Course validation : The course will be taught in English. Students will be asked to prepare assignments for each session and come prepared to discuss them. Open discussion and reasoned debate will be encouraged. Pedagogical method : Workshop : 4 sessions of 2 hours. Course Description : Today a growing number of innovative companies are looking to conduct business outside of their domestic markets and are focusing on opportunities in emerging markets such as China, Brazil or India. Yet many of these companies have realized that sensitivity to socio-cultural challenges can be as important to the success of an international business transaction as understanding the underlying business and legal implications. Excellent drafting skills and strong soft skills are required to handle the legal aspects of international business transactions in emerging markets. This workshop takes a hands-on, multi-disciplinary approach to learning the relevant set of skills needed to secure any cross-border private transaction, with a special focus on the legal, business and cultural underpinnings of M&A transactions in the Health and Technology sectors. Other methods of doing business abroad will also be discussed. The workshop offers training, through a mix of mock case studies and written exercises, in the practical drafting and advisory skills which are crucial to becoming an effective lawyer in high growth markets and innovative sectors. The workshop will include the preparation by students of draft sections of the key legal documents provided by the lecturer, class discussion on drafting strategy and tactics, and lecturer feedback. In particular, students will learn, just like lawyers in practice, to precisely negotiate, draft or review targeted sections of the key legal documents and ensure that their client's interests are addressed. Required reading : To be deﬁned.
INTERNATIONAL BUSINESS TRANSACTIONS
Semester : Spring Number of hours : 24 Language of tuition : English
Teachers : Matteo WINKLER (Assistant Professor at HEC Paris). Pedagogical format : Seminar Course validation : Active participation 20% ; group presentation on a topic agreed with the instructor 30% ; ﬁnal written test 50%. Pedagogical method : Interactive seminar Course Description : This course combines the offer of a theoretical background with a practical approach regarding business transactions in an international context. It examines sources such as international conventions (i.e. the CISG) and lex mercatoria, and addresses the problem of overregulation by extraterritorial application of domestic laws (e.g. on embargo and corruption). Also, it presents sessions concerning the law of international contracts, including letters of intent, choice of forum (Brussels Reg.) and choice of law (Rome I Reg.), defenses against non-performance and dispute settlement. Students will engage in in-depth contract analysis and drafting. Required reading : Materials (case-law and articles) will be made available at the beginning of the course..
INTERNATIONAL BUSINESS TRANSACTIONS IN EMERGING MARKETS
Semester : Spring Number of hours : 8 Language of tuition : English