U.S. Business Law and Dispute Resolution
Course Level
intermediate - advanced / 3rd - 4th year
Course Language
English
Course Classification
This is a Themis course. It is also open to non-Themis students.
Teaching Mode
face-to-face
Contact Hours
4 hours per week during the first half of the lecture period
ECTS-credits
5 (if course has been attended regularly and exam has been passed)
Frequency
This course will be taught at irregular intervals.
Time Schedule and Course Venue
please see our electronic course catalogue
Course Description
This course offers an introduction to the legal issues that non-U.S. lawyers may encounter as a result of their clients’ conducting business with U.S. parties. The instructor is a U.S. lawyer, who will teach from his deep practical experience in representing clients in international business transactions and dispute resolution. He will use lectures and interactive class discussions based on case law and statutory materials he will provide and also on hypothetical scenarios involving a European manufacturer confronting a variety of legal issues arising from the distribution of its products into the U.S. market. The course will include a gentle introduction to the case study and Socratic teaching methodologies used in U.S. law schools, which may be of special interest to students considering future study in the U.S.
The course will cover the following topics:
- A general overview of the U.S. Constitution, U.S-style federalism (specifically, the relationship between the U.S. federal and state governments) and other significant features of the U.S. legal system as relevant to international business law and dispute resolution
- A survey of selected areas of U.S. substantive business law often involved in international business transactions and dispute resolution, including
- Contract law
- Corporate and bankruptcy law
- Employment law
- Product liability law
- Certain U.S. statutory laws having extraterritorial effect including securities, antitrust (competition), the TREAD Act, foreign corrupt practices, and alien tort claims
- U.S. civil procedure with particular emphasis on its application to international business litigation, including subject matter and personal jurisdiction, pleadings, service of process, class actions, pretrial discovery, early case resolution, trials, evidence, expert witnesses, available remedies, judgments and enforcement, and appeals
- The U.S. approach to conflicts of law (private international law), as applicable to U.S. business law and dispute resolution
- Alternative dispute resolution techniques commonly used for business disputes in the U.S., including arbitration, mediation and settlement
Restricted Enrollment
no (that means that everyone who signs up for this course in time can take part in this course)
Course Registration
Please sign up for this course under the module "Study Program for Exchange Students - Module 17".
registration period: 2 April 2024, 9 a.m. - 3 May 2024, 12 p.m. (midnight)
De-Registration from this Course
regular drop period: 2 April 2024, 9 a.m. - 3 May 2024, 12 p.m. (midnight)
After the regular drop period you can only drop this course with a valid cause until 14 days prior to the exam. Please contact the International Office at the Law Department if you have to use this option.
Type of Exam
There will be a written final examination.
Exam Period
The exam will probably be given in the last class session.
Registration for the Exam
International exchange students will automatically be registered for the exam when they sign up for this course.
De-Registration from the Exam
Students who drop this course via Campus Management are automatically de-registered from the exam. Students who do not drop this course via Campus Management and do not take part any longer, are going to finish this course with a non-passing grade (0 points).
Grade Release