Le Grand Syllabus 2016/2017
Workload : The students will be expected to prepare each workshop, by reading (i) the workshop outline, and (ii) the various articles/cases referred to in the reading list which will be sent to them in advance. The students should also think about the issues addressed in the workshop outline, in order to be able to discuss and debate about them during the workshop. Pedagogical method : Workshop outlines sent by email before the workshop, and PowerPoint presentations given at the beginning of each workshop. Course Description : The workshop is intended to give students an insight into the practical mechanics of International Courts and Tribunals, mixing tuition with inter-active workshops exercises. The intention is also to give students a ﬁrst taste of oral advocacy. We will cover : Selecting arbitration v. adjudication, and negotiating terms of reference ; Constitution of a tribunal, and consideration of grounds for challenge ; Participating in a Case Management Conference. Scenarios considered will encompass State to State, investor-State, commercial arbitration. Required reading : The required readings will be sent to the students by email in advance of each workshop..
Course Description : The course aims at familiarizing students with the legal, regulatory and contractual aspects surrounding major global infrastructure projects with a focus on the industry sector, in particular energy and transport infrastructures such as power plants, wind parks, waste treatment facilities, chemical plants, city tramways or metro projects, railways signaling systems, or any other similar complex projects. The course will review, among others : - The notion of infrastructure projects (civil works versus engineering construction ; newly-built versus renovation projects) ; - The political, economic, ﬁnancial and strategic relevance of infrastructure projects in a globalized economy ; - The main players and contractual parties to infrastructure projects (investors ; developers, general contractors ; subcontractors ; banks ; insurance companies ; government bodies ; certiﬁcation agencies, etc.) ; - The particularities emerging from the crossborder dimension of the projects (export control ; customs clearance ; currency ﬂuctuations ; international political instability ; local project site environment ; transport risks ; localization rules ; technology transfer requirements, etc.) ; - International private and public law considerations when handling global infrastructure projects (conﬂict of laws ; public order ; mandatory rules ; treaties impact ; lex mercatoria) ; - The tendering/bidding process for global infrastructure projects and the impact of public procurement rules ; - The different types of contract forms governing infrastructure projects (turnkey or equipment supply contract ; lump-sum or costs + fee ; contracts for works or sales contract ; sui generis contracts) ; - The speciﬁc projects characteristics impacting contract drafting : project duration, project frame, project cooperation, project conﬂict risks ; - Key contract clauses and negotiation techniques : general clauses, commercial clauses, ﬁnancial clauses, liability clauses, governing law & settlement of disputes clauses, boiler plate provisions, negotiation strategy ; - The recourse to international contract forms and standards as benchmark or reference for global
LAW & PRACTICE OF GLOBAL INFRASTRUCTURE PROJECTS
Semester : Autumn Number of hours : 24 Language of tuition : English
Opened to the exchange program
Teachers : Pierrick LE GOFF (Alstom, General Counsel). Pedagogical format : Elective Course validation : 30% participation in class (15% spontaneous participation & 15% one short test) and 70% ﬁnal exam (case study requiring legal-opinion-type answers. Documents authorized). Workload : Regular reading assignments. Pedagogical method : Interactive seminar. 1756