International Commercial Contracts and Arbitration Field of study: International Business Law and Arbitration
Programme code: 07-S2LA19.2019

Module name: International Commercial Contracts and Arbitration
Module code: IBLA-MA-ICCA
Programme code: 07-S2LA19.2019
Semester:
  • summer semester 2025/2026
  • summer semester 2024/2025
  • summer semester 2023/2024
  • summer semester 2022/2023
  • summer semester 2021/2022
  • summer semester 2020/2021
Language of instruction: English
Form of verification: exam
ECTS credits: 2
Description:
The International Commercial Contracts and Arbitration course is addressed to all students interested in dispute resolution in arbitration (domestic and international), resulting from international trade agreements. Acconrdingly, the classes will serve to define and then discuss some problematic issues arising in connection with the application of the law applicable to international commercial contracts in arbitration, in particular the application of the UN Vienna Convention on contracts for the international sales of goods, the possibility of its exclusion by the parties, and the possibility of applying other international legal acts of the soft law character. With respect to the above, the syllabus covers key issues related to the possibility of directing the parties’ disputes arising from international commercial contracts to arbitration, and the possibility to choose the applicable law, not only of hard law but also soft law character. Also covered are the advantages (as well as the possible disadvantages) of dispute resolution through arbitration by entrepreneurs. The course also encompasses fundamental issues related to institutional arbitration (with examples) as well as ad hoc arbitration. In addition, basic issues related to the arbitration agreement as well as sources of arbitration law (international and domestic) will be discussed. Another course component is the provisions of the Vienna Convention on Contracts for the International Sale of Goods (CISG), which is often applicable to international trade agreements, as well as the possibility of its exclusion by the parties. Another topic on the syllabus is other sources of law applicable to international commercial agreements - these will be discussed with reference to doctrine and case law (mainly cases resolved in arbitration). The course will be taught using a variety of methods: verbal analysis of national and international regulations regarding international commercial contracts, case law analysis, PowerPoint presentations, and discussion in groups. Students can be expected to analyze and solve certain cases using different models of interpretation and comparison of results. The subject of the examination will also be various methodologies for interpretation and application of law (interpretation of regulations). Participants may be involved in one more exercise: one group will be responsible for constructing an arbitration clause and a choice of law clause for an international commercial contract.
Prerequisites:
None
Key reading:
1. Huber, Peter; Mullis, Alastair; The CISG. A new textbook for students and practitioners, Sellier, European Law Publishers, 2007 2. Margaret L.Moses; The Principles and Practice of International Commercial Arbitration Cambridge, 2009
Learning outcome of the module Codes of the learning outcomes of the programme to which the learning outcome of the module is related [level of competence: scale 1-5]
Has a structured knowledge with respect to the law applicable to the international commercial contracts (resolved in arbitration), in particular applicability of the UN Vienna Convention on contracts for the international sale of goods (CISG - and the possibility of excluding the CISG’s applicability), in addition, the possibility of applying international legal acts of a soft law character. [ICCA_1]
 IBLA_W07 [5/5]
Understands the basic issues related to the possibility of choosing the applicable law, not only hard law but also soft law, to disputes arising from international commercial contracts in arbitration. [ICCA_2]
 IBLA_W12 [3/5]
Is fluent in English for matters related to the issue of international trade agreements and arbitration. [ICCA_3]
 IBLA_U01 [4/5]
Is capable of finding the applicable substantive law to resolve a dispute arising from a specific international commercial contract in arbitration. [ICCA_4]
 IBLA_U04 [4/5]
Is ready to learn throughout life - when the need arises, can complete, update or expand his or her knowledge and develop skills in the subject of international commercial contracts and arbitration. [ICCA_5]
 IBLA_K08 [3/5]
Type Description Codes of the learning outcomes of the module to which assessment is related
Individual presentation [ICCA_w_1]
A student verbally, with or without the use of multimedia (which is preferred) justifies the procedure of determination of the law applicable to the dispute arising from a specific international commercial contract. In addition, the student verbally gives examples of arbitration clauses, specifying whether the arbitration tribunal has jurisdiction to consider a given case resulting from an international commercial agreement from the point of view of both parties with the participation of other members of the discussion class.
 ICCA_1 ICCA_2 ICCA_3 ICCA_4 ICCA_5
Teamwork [ICCA_w_2]
Teamwork consisting in preparation and presentation (verbally, with or without the use of multimedia) by presenting in writing examples of arbitration clauses and choice of law clauses (by choosing a specific state law or soft law act).
 ICCA_1 ICCA_2 ICCA_3 ICCA_4 ICCA_5
Form of teaching Student's own work Assessment of the learning outcomes
Type Description (including teaching methods) Number of hours Description Number of hours
lecture [ICCA_fs]
The classes are a combinantion of an interactive lecture and a lab. Students analyse and explain case problems indicated by the lecturer using the knowledge gained during the discussion class and during their own work. The lecturer’s work with the students is based on the problem-solving method, supplemented with elements of the situational method according to the factual state to which a given case problem refers. The main point of the classes is the discourse, with an emphasis on effective justification (and also the exercises concerning the art of rhetoric).
 16
Work with indicated literature on the subject matter, national and international legal acts (in the field of international commercial contracts and the party autonomy as to the applicable law) and basic issues concerning arbitration and jurisprudence (relevant arbitral awards/case examples), including the acquisition of theoretical knowledge by the student and seeking solutions and solving the cases indicated by the lecturer.
 34 Individual presentation [ICCA_w_1] Teamwork [ICCA_w_2]
Attachments
Module description (PDF)
Information concerning module syllabuses might be changed during studies.
Syllabuses (USOSweb)
Semester Module Language of instruction
(no information given)