JUS5230 – International Commercial Law: contracts, applicable law and arbitration
Course description
Schedule, syllabus and examination date
Course content
Are parties to international commercial contracts completely free to regulate their relationship or to ensure that the transaction is governed by a set of rules fully agreeable to them? Is their freedom enhanced if they chose to submit disputes to arbitration? This course explains how the legal framework interacts with the parties’ freedom to contract in an international context. Students are expected to take active part in the course, since a part of the course will be dedicated to case studies.
Learning outcome
This course gives the tools to properly appreciate how far the drafting of an international contract may go, as well as to evaluate whether a claim based on an international contract is likely to be enforceable according to its terms or not, including in arbitration.
Admission
You may register for this course if you have admission to a Master’s programme at UiO or the faculty's exchange programme. You can also register for this course if you do not have admission to any programme at UiO, but meet the formal prerequistites.
All students are required meet the formal prerequistites.
Have you met the formal prerequisites at another institution than the University of Oslo, and the results are not formally registered at UiO, you must apply for admission to courses at Master’s level . Students with admission to Master’s degree programmes at other faculties than The Faculty of Law must also apply for admission.
When your admission is in order you must register for courses in StudentWeb
Prerequisites
Formal prerequisite knowledge
Students must fill one of these requirements:
- Passed 1st - 3rd year of the 5-years degree Master of Laws (Master i rettsvitenskap at UiO) (or exams that qualify for exemption for these) or
- Hold a 5-years Master’s degree in Laws (Master i rettsvitenskap at UiO) or equivalent.
Exemptions from the formal prerequisites will be given to students with admission to the faculty's own exchange or master’s degree programmes. This rule does not apply to students with admission to other master’s degree programmes at the University of Oslo, unless otherwise agreed.
Recommended previous knowledge
Three years of law studies.
Overlapping courses
- 10 credits overlap with VALCOMM – Internasjonal forretningsjus (discontinued)
- 10 credits overlap with JUXCOMM – Internasjonal forretningsjus (discontinued)
- 10 credits overlap with JUTCOMM – International Commercial Law (discontinued)
- 10 credits overlap with PILCOMM – International Commercial Law (discontinued)
- 10 credits overlap with MARLCOMM – International Commercial Law (discontinued)
- 10 credits overlap with JUR1230 – International Commercial Law: contracts, applicable law and arbitration
- 10 credits overlap with JUVOCOMM
- 10 credits overlap with JUR5230
Teaching
The course will consist primarily of lectures and group exercises.
Language of teaching for this course is English. This means that all
communication during lectures/seminars will be in English, and all
literature and auxiliary materials are in English.
Examination
24 hour home exam, maximum 2500 words on master’s level and 2000 words on bachelor’s level.
Footnotes should be included in the word count of the main text. Not included in this count: front page (title etc.), summary, table of contents and references (bibliography). (If relevant for the paper).
Assignments/papers with text exceeding the word limit will not be accepted.
Use of sources and rules for citing:
Familiarize yourself with the use of sources and citations in legal writing. In an exam situation, using other people’s material without declaring it in a clear manner may be considered cheating or an attempt at cheating. You must cite any sources you draw on.
Your exam paper must be your own independent work. Exam candidates are not permitted to communicate about the exam question(s) or distribute draft answers or exam answers.
If you break the rules, you may be suspected of cheating or attempted cheating.
Language of examination
The examination text is given in English, and you submit your response in English.
Grading scale
Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.
Marking criteria
This guide is used by examiners for grading this course.
Explanations and appeals
Resit an examination
- Illness at exams / postponed exams
- Resitting an examination.
- There are special rules for resitting a passed examination in the master's programme in Law.
Withdrawal from an examination
It is possible to take this exam up to 3 times. If you withdraw from the exam after the deadline or during the exam, this will be counted as an examination attempt.
There are special rules for resitting a passed examination in the master's programme in Law.
Special examination arrangements
Application form, deadline and requirements for special examination arrangements.
Evaluation
The course is subject to continuous evaluation. At regular intervals we also ask students to participate in a more comprehensive evaluation.
Other
The language for this course is English. Students enrolled in the
Masterprogrammet i rettsvitenskap must pass one
English subject as part of their degree, this course will meet these
obligations.
This subject is taught at Master 's level. The subject is also taught at Bachelor's level (10 ECTS credits), see JUR1230 – International Commercial Law: contracts, applicable law and arbitration.
Please see the chapter above, regarding overlap. For instances of overlap, credits will be deducted on the subject at Bachelors's level.
The course may be integrated by the knowledge achieved in the course on JUS5240 – Comparative Private Law (discontinued), where the main features of the law of contracts in the most important legal families are analysed and compared. Also the course JUS5280 – Internasjonal privatrett gives knowledge that is relevant, and in part overlapping in respect of the question of the choice of the applicable law and of the choice of forum; however, this course is in the Norwegian language.