International Contracts will cover Contract Drafting, the Common Law of Contracts and the International Sales Law.
The objective of the Contract Drafting class is to familiarise students with the art and challenges of drafting agreements in international commerce. Besides presenting the different methods and techniques, the class wants to raise awareness of possible pitfalls in contract drafting. Students will study contract templates containing various clauses that feature typically in international commercial agreements and assess their functions. They will look at disputes that have arisen from ambiguously formulated clauses and analyse how courts have dealt with them. After the class, students should be able to recognise deficient clauses and draft litigation-proof clauses themselves.
The Common Law of Contracts course will explore the law of contracts in the common law through the lens of its most important leading cases – cases that have shaped both the law and legal education. In each class, one aspect of the law of contracts will be explored, from the rules of formation of contract to the law of remedies, by focusing on a ‘leading case’: what does it teach us about this area of the law, which principles does it embody, and what is its lasting significance? But we will also dig deeper: how would a civil law system address the issues the case in question addresses? What are its theoretical implications, what is the historical context out of which it grew? The cases discussed will encompass true “classics” as well as cases that are just now emerging as leading authorities; the cases will lead us to “timeless” doctrinal and theoretical issues as well as to timely and pressing policy questions.
The International Sales Law course will examine whether the UN Convention on Contracts for the International Sale of Goods (“CISG”), considered the paradigm of uniform substantive law conventions, has succeeded in creating uniform (sales) law that avoids recourse to domestic law. To do so, the course will analyze case law from courts and arbitral tribunals. This analysis will show that the solutions are not as uniform as one might think. This, in turn, will allow course participants to avoid the pitfalls that go hand in hand with the myth of uniformity the success of the CISG has (falsely) created.
6 ECTS credits are broken down into two courses freely chosen from the following: Contract Drafting (3 ECTS), Common Law of Contracts (3 ECTS) or International Sales Law (from March 2021)