98629 - INTERNATIONAL BUSINESS AND DIGITAL LAW

Conoscenze e abilità da conseguire

"The aim of International Business and Digital Law course is to introduce and critically assess the main rules of international business law and the available dispute resolution methods that can be combined to provide an effective, dynamic and integrated system of dispute resolution in international business and commerce. Due attention will be paid to digitalisation and its main governing laws. At the end of the course, the students: - are familiar with the basic structure and fundamental rules which govern modern trade; - understand the main features of international trade law; - can recognise the connections between the theoretical and the substantive issues related to international law; - develop a critical approach to the law and policy underlying it; - understand the rationales underlying the principles of international commercial arbitration as well as the underlying norms; - are able to apply the core principles of international arbitration to different areas of law as well as complex problem and essay questions."

Contenuti

Module Outline

This is a module under the Jean Monnet Chair in Digital Market Law.

The Chair is financed by the European Union.

 The aim of the module is to introduce and critically assess the main rules of International Business Law and the available dispute resolution methods that can be combined to provide an effective, dynamic and integrated system of dispute resolution in international business and commerce. Due attention will be paid to digitalisation and its main governing laws.
The module will introduce the basic concepts, the economics and the politics of international trade, and its legal order. Also, it will examine the law governing commercial contracts for international business, including choice and conflict of laws rules. The main global issues relating to digitalisation are covered. The concluding part of the first part will address the process of global digitalisation, its key role in commercial agreements, and the key laws to be aware of. Digitisation has significantly impacted international business. The module covers the impact of digitisation on trade in services, the ensuing concept of 'digital services' and the different types of trade barriers these services face.
A part of the module aims at providing an understanding of the international dispute resolution system and offering candidates a basic understanding of the principles of good practice and procedure in international dispute management. After a general introduction of in-Court and out-of-Court mechanisms, this part of the module will concentrate on the general principles of international commercial arbitration and a comparison of the main alternative dispute resolution processes – arbitration, mediation and adjudication. It gives students the opportunity to analyse critically the use of arbitration to resolve international business and commercial disputes and provides them with a contextual analysis of international commercial arbitration through lectures, class readings, seminar discussions and group presentations. The theoretical material will be combined with practical examples for a better understanding of the unique characteristics of international commercial arbitration. Overall, this part of the course will consider the ways in which the various benefits of international commercial arbitration and other hybrid dispute resolution methods can be combined to provide an effective, dynamic and integrated system of dispute resolution in international business and commerce. It purports to give candidates a basic understanding of the principles of good practice and procedure in international arbitration.

Learning Outcomes

The module provides opportunities for students to develop and demonstrate knowledge and understanding, qualities, skills and other attributes in the following areas:

A. Knowledge and Understanding

1. Demonstrate a sound understanding of, and familiarity with, the basic structure and fundamental rules which govern modern trade, developing skills which are useful in the legal profession, as well as in business and administration.
2. Demonstrate an understanding of the main features of international trade law and ability to recognise the connections between the substantive and theoretical issues linked to international trade law and policy.
3. Demonstrate a critical approach to the themes discussed.
4. Demonstrate an understanding of the rationales underlying the core principles of international commercial arbitration, as well as the underlying norms.
5. Demonstrate an understanding and an ability to apply knowledge of principles of international commercial arbitration to a number of areas of law, as well as complex problem and essay questions.

B. Cognitive (thinking) Skills

1. Demonstrate an ability to analyse the relevant law.
2. Demonstrate an ability to assess critically, where relevant, the law and policy underlying it.

C. Other Skills and Attributes (Practical/Professional/Transferable)

1. Demonstrate ability to research and assemble information and materials that are relevant to the law and, in some instances, policy.
2. Demonstrate an ability to produce a structured, logical, analytical and accurately referenced synthesis of relevant materials.
3. Demonstrate an ability to present cogent oral and written arguments

 

Indicative content

• Introduction. Basic concepts in International Trade Law
• International contracting and Conflict of Laws
  
• The Global Institutional Framework
• The European Economic Area
• International Trade Policies and challenges
• Data and data protection
• Introduction to International Commercial Arbitration
• The Arbitration Agreement
• Drafting the Arbitration Agreement
• Applicable Laws and Rules
• Judicial Assistance for Arbitration
• The Tribunal
• The Arbitral Proceedings
• The Award and Its Enforcement

Testi/Bibliografia

Essential Reading

• Trebilcock MJ and Trachtman, Advanced Introduction to International Trade Law (2nd ed. Edward Elgar Publishing, 2020)
  
• Moses ML, The Principles and Practice of International Commercial Arbitration (Cambridge University Press, 2017)
• • Material provided in class (if any)
  

 

Other reading (recommended but not compulsory)

• Lloyd I, Information Technology Law (Oxford, 2020)
• Goode R, Kronke H, McKendrik E, Transnational Commercial Contracts. Text, Cases and Materials (Oxford University Press, 2015)
• Carr I and Stone P, International Trade Law - 6th edition –(Routledge, 2018)
  
• Chuah J, Law of International Trade. Cross-Border Commercial Transactions (Sweet & Maxwell, 2013)
• Van den Bossche P, Zdouc W, The Law and Policy of the World Trade Organization. Text, Cases and Materials (Cambridge University Press, 2013)
• Qureshi AH and Ziegler AR, International Economic Law (Sweet & Maxwell, 2011)
• Murray C, Holloway D and Timson-Hunt D, Schmitthoff - The Law and Practice of International Trade (Sweet & Maxwell, 2012)
• Bantekas I, Introduction to International Arbitration (Cambridge University Press, 2015)
• Born GB, International Arbitration: Law and Practice (2012)

Metodi didattici

Lectures, seminars, group readings, students' presentations

Modalità di verifica e valutazione dell'apprendimento

The assessment of this course will be:
- 50% by performance in class (intermediary test); and
- 50% by submission of a written research project (coursework) of up to 3.000 words in length (excluding bibliography and/or bibliographical references in the footnotes) on a topic released in the last teaching week. The coursework shall be submitted in WORD format (for the check of the number of words and plagiarism, including the use of chatbots) via email to f.ferretti@unibo.it by the exam date at the stated time. Coursework will not be accepted after that time and date! Equally, coursework will not be accepted for failure to register for the exam; and
- compulsory group presentation (pass/fail). Failure to contribute to the presentation and a poor presentation equal to a fail.

All students are entitled to refuse the partial or overall mark given, or may fail. In these cases they may resubmit for assessment on the basis of 100% submission of a newly given written research project (coursework) in the following exam session. All resubmissions shall be of a length between min. 6.000 words and max 7.000 words (excluding bibliography and/or bibliographical references in the footnotes) on a topic released on the virtual learning environment 3-4 weeks before the exam date. The coursework shall be submitted in WORD format (for the check of the number of words and plagiarism, including the use of chatbots) via email to f.ferretti@unibo.it by the exam date at the stated time. Coursework will not be accepted after that time and date! Equally, coursework will not be accepted for failure to register for the exam.

For those who have been exempted from attending, the assessment on this course will be 100% by submission of a written research project (coursework) of a length between min. 7.000 and max 8.000 words (excluding bibliography and/or bibliographical references in the footnotes) on a topic released on the virtual learning environment 3-4 weeks before the exam date. The coursework shall be submitted in WORD format (for the check of the number of words and plagiarism, including chatbots) via email to f.ferretti@unibo.it by the exam date at the stated time. Coursework will not be accepted after that time and date! Equally, coursework will not be accepted for failure to register for the exam.

 

Mark descriptors:

• <18 insufficient - not pass

• 18-23 pass, sufficient

• 24-27 pass, good

• 28-30 pass, very good

• 30 cum laude pass, excellent

Strumenti a supporto della didattica

Powerpoint presentations, textbooks, reading material

Orario di ricevimento

Consulta il sito web di Federico Ferretti