Arbitration proceedings – domestic and international rules - Dr. Milán Kohlrusz
The course presens, outlines and discusses the rules of international arbitration, with a view to further also comparing the rules and differences of international matters with domestic arbitration proceedings. While the emphasis of international arbitration is based on ICC rules, the course also pays attention to the Vienna International Court of Arbitration (VIAC), the London Court of International Arbitration (LCIA) and the Investment Treaty Arbitration (ICSID).
Along with discussion of the rules of arbitration, students may also be interested in exploring deeper topics such as
(i) language barriers in international matters (different counsels and arbitrators in one proceeding);
(ii) risks of legal cultural differences (the content of each but the same legal terms? What the real tasks of counsels and arbitration are in this area);
(iii) the varied approaches to experts and witnesses coming from different countries; and (iv) the appraiser of evidence (documents).
Needless to say, further discussions would include expectations in the proceedings of common law and continental law counsels and the solution thereof, as well as the review of the applicable rules on precedents and functional demonstration.
Students will be assessed based on their participation and activity on classes.
Introduction to International Commercial Dispute Settlement - Dr. Richárd Schmidt
The aim of the course is to introduce students into the world of international commercial dispute settlement by giving them a comprehensive picture of the different dispute resolution systems. The classical methods of private-private dispute resolution through litigation, and the various types of ADR, like mediation and arbitration form the dominant part of the course, so that students acquire solid understanding of the basic concepts and problems. In addition, the course gives an insight into private-public dispute settlement in the field of investment arbitration, as well as an outlook to public-public legal disputes between states. The course aims to offer in-depth knowledge of various forms of dispute resolution through the discussion of cases and case studies and the active participation of students during the lectures. Students will be assessed based on their participation and activity on classes.
Second (spring) semester:
International Business Transactions - Prof. Frank Sullivan
This course is about the law of international business transactions but constant emphasis will be on its real-world application. It will start by trying to get a feel for the "real world of sales" by examining the international sales activity of well-known companies, like Apple and Starbucks. Then it will discuss two newspaper stories about the manufacture of iPhones.
It will also take up the history of the CISG and the role that a treaty plays in international business transactions. It will look at two contrasting cases on the CISG's applicability. Next it will discuss the remedies available to a seller under the CISG depend upon whether or not the seller"avoids" the contract. Then it discusses the remedies available to a buyer under the CISG wich also depend upon whether or not the buyer "avoids" the contract. Then it deals with questions of the formation of the contract with regard to the application of these provisions in the digital age. Next it focuses on warranty issues arising under international sales transactions. In doing so, it examines the consequences of the fact that the CISG was not drafted with consumer interests in mind. Followingly it deals with the problems of the questions of performance and the risk of loss. Finally in a concluding topic, it will briefly examine bodies of law other than the CISG that govern international business transactions generally and the sale of goods specifically (including Article 2 of the Uniform Commercial Code in the United States). Students will be assessed based on their participation and activity on classes as well as based on two short writtwn assignments during the course and a final exam.
