International Business Law Sciences Po Paris Spring 2017 Outline Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University

Date Topic Reading 1 23.1 Contract practice Chapter 1 2 30.1 Governing law Chapter 3 3 6.2 Transnational law Chapter 2 4 20.2 5 23.2 Choice of law Chapter 4 6 27.2 Limitations 7 2.3 Arbitration: legal framework Chapter 5 8 6.3 Arbitration agreement 9 13.3 Arbitral tribunal 10 20.3 Autonomous system 11 27.3 Uniform interpretation 12 3.4 Case studies

Uniform interpretation in arbitration? Contract practice: Self-sufficiency? Uniform interpretation in arbitration? International contracts and national law Arbitration as autonomous system? Transnational law as uniform regulation? Which national law?

Examples of exam questions Please explain why international contracts often contain standardized clauses, and what the disadvantages of this drafting technique are. Please illustrate this by analysing the purpose and effects of one boilerplate clause. Please explain which sources are relevant to the interpretation and application of an international contract. What are the effects of the following choice-of-law clause in an international contract: “This contract is subject to the UNIDROIT Principles of International Commercial Contracts”. What limitations do the parties meet in choosing the law that shall govern their contract? Please explain the principle of good faith in the common law, the civil law and the transnational law. Please explain the impact of national law on international contracts and illustrate it with some examples. To what extent may courts exercise control over arbitral awards? Please explain why rules of choice of law (private international law) are relevant even when the contract excludes application of any national law. Consider this in relation to national courts of law, as well as arbitral tribunals.