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 MB1063 3 節連堂 |
3 10:10–11:00 | |
4 11:10–12:00 |
* 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.
1. Moot Court Practice (30%). 2. Midterm Examination (30%). 3. Final Examination (30%). 4. Class Participation (10%).
| 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; Scope of Application of the 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) CISG Articles 1-13) |
| 第 2 週 | Forming a Contract under the CISG–Offers (the Criteria, Withdrawal and Revocability); Acceptance (Defining Acceptance, Effectiveness, Withdrawal and Revocation); CISG Articles 14-24 |
| 第 3 週 | General Provisions of the Sale of Goods; Battle of the Forms; Modifications; Obligations of the Seller; Fundamental Breach; Delivery; Third Party Claims; Conformity of Goods: Ordinary Purpose, Fit for Particular Purpose; CISG Articles 25-44 |
| 第 4 週 | Remedies for Breach by Seller; 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); Passing of Risk; Seller's Remedies for Buyer's Breach (Avoiding the Contract, Specific Performance, Providing Specifications); Anticipatory Breach and Installment Contracts; CISG Articles 45-73 |
| 第 5 週 | Damages (Damages, Interest, Exceptions (Uncontrollable Impediments, Excuse When Failure to Perform Is Caused by Counterparty); Preservation of Goods; CISG Articles 74-88 |
| 第 6 週 | Cases for: Article 1(b); Article 3; Article 7; Article 9(2); Article 19(2); Article 25 |
| 第 7 週 | Cases for Article 35(2); Article 42; Article 74; Article 76; Article 79; Article 88(2) |
| 第 8 週 | Mid-term examination |
| 第 9 週 | Introduction to International Commercial Arbitration; discussion of the Moot exercise problem. |
| 第 10 週 | Objectives of arbitration. |
| 第 11 週 | Arbitration agreement. |
| 第 12 週 | Jurisdiction and procedure: Arbitration of the Jurisdictional Issues I (issues may include, if time permits, Decision to Commence, Respondent's Obligations and Options, The Potential Need for Immediate Interim Relief, Joinder, Constitution of the Arbitral Tribunal, Who Decides any Jurisdictional Challenges, How to Decide any Jurisdictional Issue) |
| 第 13 週 | Arbitration of the Merits: issues may include, if time permits, Pleadings, Planning, and Other Preliminary Matters, Default Proceedings, Hearing the Parties' Case on the Merits, The Final Award. |
| 第 14 週 | 研討會停課 |
| 第 15 週 | Enforcement: issues may include, if time permits, Actions to Either Set Aside or Enforce an Award, Actions to Set Aside an Award, Actions for Enforcement of any Award. |
| 第 16 週 | Moot Court Practice |
| 第 17 週 | Final Examination |
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)
- 時間
- By appointment.
- 聯絡方式
- tchen@g2.nctu.edu.tw