跨國商務交易與爭端解決
International Business Transactions and Dispute Settlement Mechanisms
| 節 | 週三 |
|---|---|
2 09:00–09:50 | 跨國商務交易與爭端解決 2 節連堂 |
3 10:10–11:00 |
* 根據陽明交大上課時間表所列
The course is designed to teach understanding of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as international commercial arbitration. In addition, the course aims to train lawyering skills with a view to prepare students to participate in Annual Willem C. Vis (East) international Commercial Arbitration Moot competition. Traditional legal education does not provide adequate training on lawyering skills, such as research, legal argumentation, legal persuasive writing, as well as efficient and effective oral communications with the adjudicating tribunals with regard to international business transactions. This course intends to fill the gap. Through the course students will understand the functions and practices of international commercial arbitral tribunals adjudicating issues governed by the CISG. In addition to the materials in the assigned textbook, students will be required to prepare the Vis Moot problem of the year. A moot court exercise will be conducted at the end of the semester. The main topics to be covered in the course: 1. The United Nations Convention on Contracts for the International Sale of Goods (CISG) 2. International Commercial Arbitration 3. Legal Advocacy
This course is taught in English. A significant amount of reading will be assigned each week. Active participation during the class is expected.
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1. Moot Court Practice (30%). 2. Midterm Examination (30%). 3. Final Examination (30%). 4. Class Participation (10%).
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| 週次 | 主題 |
|---|---|
| 第 1 週 | Course introduction; International Trade: The theory, the institutions, and the law; Commercial and Legal Considerations of the International Sales of Goods; Introduction of CISG and its Interpretation (General Principles of Interpretation, Article 7) 3/4 |
| 第 2 週 | Scope of Application of CISG (Parties from Different Countries, Rules of Private International Law, Sales of Goods, Validity, Property Interests, Tort Liability); General Provisions (Principles of Contractual Intent, Trade Usage and Parties' Practices, No Writing Requirement) 3/11 |
| 第 3 週 | Forming a Contract under the CISG–Offers (the Criteria, Withdrawal and Revocability); Acceptance (Defining Acceptance, Effectiveness, Withdrawal and Revocation) 3/18 |
| 第 4 週 | Battle of the Forms (Definition, Article 19, Filanto Case); Modifications (Definitions, Article 29, Chateau des Charmes Wines Ltd. Case) 3/25 |
| 第 5 週 | The Obligations of the Seller (Delivery Terms, Conformity of the Goods, Third Party Claims) 4/1 |
| 第 6 週 | The Obligations of the Buyer (Payment, Taking Delivery), Remedies for breach–Inspection, Notice and Cure Provisions; Buyer's Remedies for Seller's Breach (Avoiding the Contract, Seeking Specific Performance, Reduced Price, Partial Performance, Early/Excess Delivery) 4/8 |
| 第 7 週 | Seller's Remedies for Buyer's Breach (Avoiding the Contract, Specific Performance, Providing Specifications), Anticipatory Breach 4/15 |
| 第 8 週 | Damages (Damages, Interest, Exceptions (Uncontrollable Impediments, Excuse When Failure to Perform Is Caused by Counterparty); Arbitration as an Alternative to National Courts (Introduction, Pros and Cons of Arbitration, Arbitration Agreement) 4/22 |
| 第 9 週 | Damages (Damages, Interest, Exceptions (Uncontrollable Impediments, Excuse When Failure to Perform Is Caused by Counterparty); Arbitration as an Alternative to National Courts (Introduction, Pros and Cons of Arbitration, Arbitration Agreement) 4/29 |
| 第 10 週 | Arbitration of the Jurisdictional Issues I (Decision to Commence, Respondent's Obligations and Options, The Potential Need for Immediate Interim Relief, Constitution of the Arbitral Tribunal) 5/6 |
| 第 11 週 | Arbitration of the Jurisdictional Issues II (Who Decides any Jurisdictional Challenges, How to Decide any Jurisdictional Issue) 5/13 |
| 第 12 週 | Arbitration of the Merits (Pleadings, Planning, and Other Preliminary Matters, Default Proceedings, Hearing the Parties' Case on the Merits, The Final Award) 5/20 |
| 第 13 週 | Enforcement (Actions to Either Set Aside or Enforce an Award, Actions to Set Aside an Award, Actions for Enforcement of any Award) 5/27 |
| 第 14 週 | Discussion on the Moot Court Exercise Problem, General Discussion on Moot Court Competition, Written Submissions, Oral Deliberations 6/3 |
| 第 15 週 | Specific Issues of International Commercial Arbitration 6/10 |
| 第 16 週 | Specific Issues of International Commercial Arbitration 6/17 |
| 第 17 週 | Specific Issues of International Commercial Arbitration 6/24 |
| 第 18 週 | Moot Court Practice 7/1 |
1. International Sales Law and Arbitration: Problems, Cases, and Commentary, by Joseph F. Morrissey (2017) 2. [Seventeenth Annual Willem C. Vis (East) International Commercial Arbitration Moot Hong Kong Moot Problem] (https://www.cisgmoot.org/userfiles/files/0bae9657292e44658a01a4989ffb8dfc.pdf)
- 地點
- 教師未提供此項資料
- 時間
- By appointment.
- 聯絡方式
- tchen@g2.nctu.edu.tw