Docente
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ZOPPINI ANDREA
(programma)
SYLLABUS 1. PRINCIPLES OF INTERNATIONAL CONTRACT LAW, USING THE UNIDROIT PRINCIPLES, REVIEWING THEIR STRUCTURE AND SCOPE; BASIC IDEAS INCLUDING FREEDOM OF CONTRACT, OPENNESS TO USAGES, FAVOR CONTRACTUS, FAIR DEALING AND GOOD FAITH, POLICING UNFAIRNESS; PURPOSES; USES, AND COMPARISON BOTH TO THE CISG AND EUROPEAN PRINCIPLES. 2. THE INTERNATIONAL CHAMBER OF COMMERCE, WHAT IT IS AND HOW IT INFLUENCES INTERNATIONAL CONTRACT LAW. 3. CONCEPTS AND PROCEDURES INHERENT TO INTERNATIONAL CONTRACT ARBITRATION. 4. REVIEW AND ANALYSIS OF A BROAD ARRAY OF DOCUMENTS TYPICALLY USED IN INTERNATIONAL BUSINESS TRANSACTIONS. 5. ADDITIONALLY, SPECIAL LECTURES WILL BE ARRANGED IN TWO MODULES BY VISITING PROFESSORS, COVERING AREAS SUCH AS MERGERS AND ACQUISITIONS (M&A) AND NEGOTIATIONS IN INTERNATIONAL CONTRACTS. LEARNING AND TEACHING CLASSES WILL BE STRUCTURED TO OPTIMIZE INTERACTIVITY, USING SOME LECTURES, BUT MOSTLY THE SOCRATIC METHOD, ALONG WITH STUDENT PRESENTATIONS AND MOCK APPELLATE COURT CASES. STUDENTS WILL BE RESPONSIBLE FOR READING GIVEN MATERIALS BEFORE CLASS AND PREPARING PRESENTATIONS BASED ON METHODOLOGY DESCRIBED IN DOCUMENTS THAT WILL BE DISTRIBUTED AND DISCUSSED IN INITIAL CLASS MEETINGS.
(testi)
COURSE TEXTS MICHAEL JOACHIM BONELL, AN INTERNATIONAL RESTATEMENT OF CONTRACT LAW -THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, TRANSNATIONAL PUBLISHERS, INC., ARDSLEY, NY, 3D ED. 2005. INTERNATIONAL CHAMBER OF COMMERCE - RULES OF INTERNATIONAL CHAMBER OF COMMERCE AS APPOINTING AUTHORITY IN UNCITRAL OR OTHER AD HOC ARBITRATION PROCEEDINGS. (HTTP://WWW.ICCWBO.ORG/COURT/ENGLISH/APPOINTING_AUTHORITY/PDF_DOCUMENTS/ RULES/ RULES_APPOINTING_ENGLISH.PDF) - RULES OF ARBITRATION. (HTTP://WWW.ICCWBO.ORG/COURT/ENGLISH/ARBITRATION/PDF_DOCUMENTS/RULES/RULES_ARB _ENGLISH.PDF) OTHER CASES AND MATERIALS MAY BE ADOPTED DURING THE COURSE. SAMPLE DOCUMENTS, E.G., EXEMPLARS OF THE FOLLOWING:- DEMAND LETTER - POWER OF ATTORNEY - SERVICE AGREEMENT - LICENSE AGREEMENT - SALE OF BUSINESS AGREEMENT - REQUEST FOR ARBITRATION - ARBITRATION CONCLUSIONS - ARBITRATION AWARD ATTENDANCE IN CLASS IS COMPULSORY TO BE ADMITTED TO THE FINAL EXAMINATION, WHICH WILL BE COMPREHENSIVE, COVERING ALL THE TOPICS DISCUSSED DURING THE COURSE. FOR THIS COURSE TO WORK, I.E., FOR THE ABOVE STATED OBJECTIVES TO BE REACHED, STUDENTS MUST ACCEPT CERTAIN RESPONSIBILITIES: “ ATTEND CLASS, BE PUNCTUAL. TIME ALLOTTED TO MEETING IN CLASS IS LITTLE AND PRECIOUS. “ READ THE ASSIGNED MATERIAL BEFORE THE CLASS IN WHICH IT IS TO BE DISCUSSED. “ BE PREPARED TO PARTICIPATE FULLY AND ACTIVELY IN CLASS DISCUSSIONS AND PROJECTS. “ TAKE NOTES DURING CLASS AS APPROPRIATE. “ HAVE ALL ASSIGNED READINGS AND NOTES AT EACH CLASS SESSION. “ PERFORM THE RESEARCH NECESSARY TO DO WRITING ASSIGNMENTS FOR THE CLASS. “ MEET WITH THE PROFESSOR TO DISCUSS ANY DIFFICULTY YOU MAY ENCOUNTER DURING THE COURSE. “ SPEAK IN CLASS AND ASK QUESTIONS AS MUCH AS POSSIBLE.
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