International Commercial Law and Arbitration Discussion Seminar 1300-OG-ICL-ADS-KPP

1. Concept and sources of international commercial law
2. Problem of law applicable to a contract (conflict of laws)
3. The UN Convention on International Contracts for Sale of Goods (CISG) – its applicability
4. Contract formation under the CISG
5. Parties’ obligations and Remedies under CISG
6. Boilerplate clauses in commercial contract (ex. merger, severability, penalty/liquidated damages, confidentiality, force majeure, hardship)
7. Methods of solving international commercial disputes
8. Focus on international commercial arbitration (law applicable, procedure, choice of arbitrators, confidentiality, award)

Total student workload

Contact hours with teacher: - participation in Discussion Seminar - 16 hrs - participation in on line Discussion Seminar – 4 hrs - consultation with teacher – 5 hrs Self-study hours: - preparation for discussion - 10 hrs - preparation for the speech in the simulation of arbitration proceedings that will be conducted at the end of class – 15 hrs - writing answers to tasks given as homework for each class - 10 hrs - reading literature - 20 hrs - solving quizzes at moodle – 10 hrs - writing final task - 10 hrs Altogether: 100 hrs (4 ECTS)

Learning outcomes - knowledge

W1: student knows basic rules of international arbitration law W2: student can point to methods of contract formation, duties and liabilities of parties to the international contract of sale W3: student has knowledge how courts and doctrine interpret norms of the UN Convention for the Contracts of International Sale of Goods CISG

Learning outcomes - skills

U1: student uses CISG’s provisions to solve particular problems in international commerce and has the capacity to advice his clients in matters relating to international commercial contracts U2: student discusses in front of the class and presents longer speeches in English U3: student draws conclusions about international commercial law on basis of the doctrine presented to him at the class

Learning outcomes - social competencies

K1: student shows creativity in search for problems' solutions K2: student understands the need for broadening his knowledge and abilities from the sphere of international commercial law and arbitration

Teaching methods

A mixture of teaching methods is adopted: - Expository teaching methods (participatory lecture, problem-based lecture, informative lecture, discussion) - Exploratory teaching methods (case study, brainstorming, situational method) - Demonstration teaching methods (display)

Prerequisites

Knowledge of English language sufficient enough to read and communicate on intermediate level

Course coordinators

Zuzanna Pepłowska-Dąbrowska

Assessment criteria

Assessment methods:
- Final written paper - W1, W2, W3, U1, U3, K2
or alternatively
Giving a speech at the simulation of arbitral proceedings – U1, U2, W1, W2,W3, K2
- Solving tasks on moodle platform – W2,W3, U1, U3, K1
- Solving quizzes on line and at the class – W2, W3, U3, K1
- Activity in discussion at the class - K1, K2, U1, U3

Assessment criteria:
1. Students can obtain 50 points for their written final task which will be allocated basing on paper’s material correctness, completeness and fulfillment of formal requirement. Alternatively, they may choose to perform a presentation relating to a given legal problem at a simulation of arbitral proceedings, playing a role of a counsel in a commercial dispute.
2. Additionally, their final grade will depend: (a) on accuracy of their answers to 1 task delivered at moodle in the course of the class (30 points in max.); (b) performance at solving quizzes in in the course of the class (10 points in max.); (c) activity at the class during discussion and other activities (10 points in max.)

Fail – 0-50 pts (50% and less)
satisfactory- 51-60 pts (51%-60%)
satisfactory plus- 61-70 pts (61-70%)
good – 71-80 pts (71-80%)
good plus- 81-90 pts (81-90%)
very good- 91-100 pts (91-100%)

Practical placement

not applicable

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 1300-OG-ICL-ADS-KPP in USOSweb