International Business Agreements

Teacher(s)

Alvarez Armas Eduardo; Marique Enguerrand;

Language

English

Main themes

The first part of the course will deal with main international contracts like the international sales, including the incoterms, the joint venture contracts, international distribution and the contract of transfer of technology, and mergers and acquisitions. Attention will be paid to the standard clauses in international contracts and more particularly the letters of intent, the hardship and force majeure clause and the best efforts clauses. The structure of the energy market will be analyzed; in second place the international regulation related to energy and thirdly the specific clause in energy contract.( take or pay clause) The course will specifically deal with the common law terminology in continental.

Content

The first part of the course will be devoted to main international contracts, especially international sales of goods (including Incoterms and interactions with Lex Mercatoria), and other contracts that may vary from one academic year to the next. The second part of the course will examine contractual practices relating to the import and export of certain goods, services and technologies... ).
Aim: The aim of the course is to introduce students to the practice and drafting of international contracts. The specificity of international trade rules compared with national law will also be explored. Particular emphasis will be placed on the reception of Anglo-Saxon legal terminology in continental European contracts.

Teaching methods

The course will follow multiple teaching methods. In addition to theoretical developments, problems linked to frequent concrete situations will be proposed, and debates/dialogues with students will play an important role in the course of the sessions. The course will be given in English.

Evaluation methods

The exam will be written and will last two hours. It will include at least two reflective questions and/or case studies.

Other information

The first part of the course is devoted to international trade law in general. The main focus will be on major international contracts, especially the international sale of goods, the role of Incoterms in this context and the impact of Lex Mercatoria. Other international contracts (which may vary from one academic year to the next) will complete the first part of the course (e.g. joint ventures, distribution, etc.). In the second part of the course, we feel it is important to focus more specifically on developments in the international legal arena, i.e. the green transition and the digital transition.  Thus, for example, issues relating to climate change and energy policy, as well as the status of new technologies in international contracts, will be the subject of substantive developments. Industry operators will be invited to contribute to this module with their experience.

Online resources

Slides as well as required and/or recommended readings will be posted on Moodle for each lesson.

Faculty or entity

BUDR