INSTITUTE IN INTERNATIONAL COMMERCIAL … Institute in International Commercial Law & Dispute ......

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University of Pittsburgh School of Law, Touro College Jacob D. Fuchsberg Law Center and University of Zagreb Faculty of Law In cooperation with the United Nations Commission on International Trade Law INSTITUTE IN INTERNATIONAL COMMERCIAL LAW AND DISPUTE RESOLUTION Summer 2011 2 nd Annual Summer Law Program in Croatia July 10 - August 6, 2011 Zagreb and Zadar, Croatia

Transcript of INSTITUTE IN INTERNATIONAL COMMERCIAL … Institute in International Commercial Law & Dispute ......

Page 1: INSTITUTE IN INTERNATIONAL COMMERCIAL … Institute in International Commercial Law & Dispute ... sales of goods and international commercial arbitration. The ... and Professor Margaret

University of Pittsburgh School of Law,Touro College Jacob D. Fuchsberg Law Center and

University of Zagreb Faculty of Law

In cooperation with the United NationsCommission on International Trade Law

INSTITUTE IN INTERNATIONAL COMMERCIAL LAWAND DISPUTE RESOLUTION

Summer 20112nd Annual

Summer Law Program in CroatiaJuly 10 - August 6, 2011

Zagreb and Zadar, Croatia

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Students out

and about in

Zagreb

CROAT I AZ A G R E B • Z A D A R

About the Program

In cooperation with the United Nations Commission on International Trade Law(UNCITRAL), the University of Pittsburgh School of Law, Touro College Jacob D.Fuchsberg Law Center, and the University of Zagreb Faculty of Law are pleased to presentThe Institute in International Commercial Law & Dispute Resolution.

This four-week, five-credit program, taught by leaders in the field provides a broadintroduction to international business transactions, followed by a focused examination of thelaw governing international sales of goods and international commercial arbitration. Theprogram also highlights a number of key legal instruments arising out of the work ofUNCITRAL. The first three weeks of doctrinal instruction are further enhanced by a finalweek of skills training applying students’ newly acquired legal expertise to a simulated disputearising out of an international sale of goods and subject to arbitration. The Institute offersfocused and innovative legal educational training concentrating on a timely and exciting areaof law – all in a perfect setting.

The program begins with a week in Zagreb, Croatia’s vibrant capital. Zagreb is the culturalcenter of the country, as well as its largest city. Students and faculty then move to Zadar,where they will spend the final three weeks of the program on the Adriatic Sea’s Dalmatiancoast. Zadar is a walled city of less than 100,000 people situated on a peninsula steeped inhistory. The third weekend of the program includes a group excursion to a nearbyarchipelago and its surrounding waters.

INSTITUTE ININTERNATIONAL COMMERCIAL LAW

AND DISPUTE RESOLUTIONJULY 10 - AUGUST 6, 2011

Interested students should contact Kate Anderson at Touro Law Center:[email protected] or 631-761-7055.

Applications will be accepted as of November 15, 2010.For the online application and more information, please see:

www.tourolaw.edu/summerprograms.

Participants will be chosen fromlaw schools throughout NorthAmerica, Europe and around theglobe. The enrollmentmaximum is 36 students; it isanticipated that approximatelyhalf of the students will comefrom North America and theother half from Europe andother areas. In 2010, studentscame from five continents. Thisprogram may be of particularinterest and value to studentsinterested in preparing toparticipate in the Willem C. VisInternational CommercialArbitration Moot. The Institute will provide a uniquely international educationalexperience to students from multiple legal and educational backgrounds, as participantswill be chosen from an internationally diverse group of law schools.

Studentsvisiting t

he Supreme Cour

t St. Marks Church, Zagreb

The ancient island town of Nin

Sunset in Z

adar Enjoying the Sea Organ and the Adriatic

Cityscape of Zagreb, capital of Croatia

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Courses/Academic Program

All instruction will be in English. Theeducational content of the program is onefive-credit course that will cover: (1) anoverview of the nature and structure ofinternational business transactions; (2) anoverview of mediation and arbitration asprivate means of resolving internationalcommercial disputes; (3) a brief introductionto private international law and comparativecontract law principles; (4) an in-depth studyof the law governing international sales ofgoods, with a focus on the CISG; (5) an in-depth study of the law governinginternational commercial arbitration andenforcement of arbitration awards, with afocus on the UNCITRAL Model Law andthe New York Convention; and (6) thedevelopment of analytical, research, oraladvocacy, and written advocacy skills in thecontext of a dispute arising out of a practicalproblem based on a fictional internationalsales transaction.

Classes meet from 9 a.m. to 12:30 p.m. onweekdays. The first week will be spent inZagreb and will include visits to Croatiancourts. During the first weekend theprogram will move to Zadar, with a visit toPlitvice Lakes National Park en route.Students are free to travel on their ownduring the second weekend. During thethird weekend, there will be a boat outingthrough the islands of Kornati National Park.Students wishing to see more of the regionare encouraged to extend their travels beforeor after the program.

In Zagreb, students will be housed in acentrally located hotel - a convenient walk ortrolley ride from the University of Zagrebwhere classes will be held. Breakfast will beprovided at the hotel and lunch will beprovided nearby. Students are on their ownfor dinner.

In Zadar, instructional facilities will beprovided at the University of Zadar in aclassroom setting right on the water, andbreakfast and lunch will be available at thenearby student cafeteria. Students will behoused in dorms within reasonable walkingdistance of the cafeteria and classroom locale.

All classroom and dormitory facilities willinclude Internet access (computer labs andwireless access for your personal computer).

Any applicant with special needs should contactKate Anderson before applying to this summerprogram. The housing facilities in Zadar do notmeet U.S. standards for handicap access.

Accommodations

Excursions andExtra-Curricular Activities

Our boat visits an island beach near Zadar

Program hotel in Zagreb (Jadran on left)

Calendar

Sunday, July 10:Student arrival and registration at theprogram hotel

Monday – Friday, July 11 – 15:Class is generally from 9:00 a.m. to12:30 p.m. (including breaks)

Introduction to international businesstransactions (with an emphasis ontransactions involving businesses from theUnited States, Southeastern Europe and theEuropean Union), private commercialdispute resolution, private internationallaw, and comparative contract law, as wellas various commercial law instrumentsdeveloped and promoted by UNCITRAL;visit to Croatian courts and an arbitrationinstitution – instruction by Dr. SinišaPetrovic, Professor Ronald Brand and Dr.Nina Tepeš

Saturday, July 16:Transfer from Zagreb to Zadar, with astopover at Plitvice Lakes National Park(Sunday transportation available for thoseobserving the Sabbath on Saturday)

Monday – Friday, July 18 – 22:Class is generally from 9:00 a.m. to12:30 p.m. (including breaks)

International sales of goods – a thoroughexploration of the CISG, along with relatedcommercial law, practices and trade terms –instruction by Professor Harry Flechtnerand Dr. Nina Tepeš

Monday – Thursday July 25 – 28:Class is generally from 9:00 a.m. to12:30 p.m. (including breaks)

International commercial arbitration – athorough exploration of the UNCITRALModel Law and the New YorkConvention, along with an introduction tovarious arbitration rules – instruction byProfessor Jack Graves

Friday, July 29:Exam covering materials addressed inweeks one through three

Saturday, July 30(raindate Sunday, July 31):Optional boat outing through the islands ofKornati National Park (included in tuitioncost)

Monday – Friday,August 1 – 5:Class is generally from 9:00 a.m. to12:30 p.m. (including breaks)

Skills practice in applying the doctrinecovered in the first three weeks. Exercisesin the development of analytical, research,and advocacy skills – students will beprovided with a simulated internationalsales transaction in which a dispute hasarisen and is subject to arbitration and willwork in two-person teams to research andanalyze the problem and, ultimately, toparticipate in a mock arbitration of thedispute. Each student will be expected todraft a detailed outline of a memorandumof law in support of claimant or respondentand to make a number of oral presentationsto the class, in addition to participating inthe final arbitration hearings as both anadvocate and an arbitrator – instruction byDr. Davor Babic and Professor MargaretMoses (Students will be split into twosections during this skills portion of thecourse, with each faculty member workingwith one section – sometimes separatelyand sometimes together.)

Friday,August 5:The program ends late afternoon, and aclosing dinner will be held in the eveningin the nearby historic island town of Nin

Saturday,August 6:Bus transportation will be provided fromZadar to Zagreb, or any other locationwithin Croatia

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Zadar dorms inside and out

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FacultyDr. Davor BabicProfessor of Law,University of ZagrebProfessor Babic teachesPrivate InternationalLaw, Arbitration andADR at the Universityof Zagreb Faculty ofLaw. He has publishedon various topics related to internationalcommercial arbitration and mediation,conflict of laws, international jurisdiction andEuropean private international law. Heserved as the secretary of the PermanentArbitration Court and Mediation Centre ofthe Croatian Chamber of Commerce and hassubstantial experience as an arbitrator andmediator in international commercial cases.Babic is one of the coaches of the Universityof Zagreb team in the Vis MootCompetition.

Ronald A. BrandProfessor of Law andDirector of the Center forInternational LegalEducation, University ofPittsburgh School of Law.Professor Brand teachescourses in InternationalBusiness Transactionsand Transnational Litigation, and an

Introduction to American Law course forforeign law students. He has publishedfourteen books and more than seventyarticles, largely focused on issues of disputeresolution and international commercialrelationships. With Harry Flechtner, heregularly coaches the Pitt Vis team, and hashelped establish Vis teams at law schools insoutheastern Europe andthe Persian Gulf.

Harry M. FlechtnerProfessor of Law,University of PittsburghSchool of LawProfessor Flechtnerjoined the faculty of theUniversity of PittsburghSchool of Law in 1984. He teaches Contractsand Commercial Transaction in Goods(domestic and international sales and leases)as well as a seminar on International SalesLaw, and he has coached the University ofPittsburgh team in the Willem VisInternational Arbitration Moot 12 times. Heis a four-time winner of the Law School’sExcellence-in-Teaching Award and arecipient of the Chancellor’s TeachingAward. He has published extensively oninternational and domestic commercial law,with particular emphasis on internationalsales law; he edited and updated the 4thedition (2009) of John Honnold’s UniformLaw for International Sales under the 1980United Nations Convention. He speaksfrequently on commercial law topics, and hasbeen cited by the Solicitor General of theUnited States as “one of the leadingacademic authorities on the [United NationsSales] Convention.” Professor Flechtnerserves as a National Correspondent for theUnited States at the United NationsCommission on International Trade Law.He is a graduate of Harvard College, andreceived his J.D. from Harvard Law Schooland an M.A. in literature from HarvardUniversity.

´ Jack GravesAssociate Professor of Law,Touro Law CenterProfessor Graves is amember of the faculty atTouro Law Center,where he teachesContracts, BusinessOrganizations,Arbitration, and International Sales Law &Arbitration. Along with a variety of articlesin the field, Professor Graves co-authored thecasebook used in this course: InternationalSales Law and Arbitration: Problems, Cases,and Commentary. He also regularly coachesteams each year in the Willem C. VisInternational Commercial Arbitration Moot(including Stetson – 1st place team orals2005; and Touro – 2nd place team orals2008). Before becoming a lawyer and thenlaw professor, Graves was the President of aninternational business engaged in the design,manufacture and sale of goods.

Margaret L. MosesProfessor of Law andDirector of InternationalPrograms, LoyolaUniversity ChicagoProfessor Moses isProfessor of Law andDirector of InternationalPrograms at LoyolaUniversity Chicago. A scholar in the field ofinternational commercial arbitration, hertreatise on international commercialarbitration was published in 2008 byCambridge University Press. She hasparticipated as an arbitrator or advocate inarbitrations under the auspices of the ICCCourt of Arbitration and the AAA’sInternational Centre for Dispute Resolution,as well as in ad hoc arbitrations. In additionto arbitration, her areas of interest andresearch include international letters of credit,international business transactions,international trade finance and the right to ajury trial. Professor Moses heads Loyola’s VisMoot Arbitration program, which sends

students to compete in both Vienna andHong Kong. She has a J.D. degree fromColumbia University School of Law and aPh.D. degree from Indiana University.

Dr. Siniša PetrovicProfessor of Law,University of ZagrebDr. Petrovic graduatedand obtained his Ph.D.degree at the Universityof Zagreb. He is theauthor of numerouspapers in the field ofcommercial law, company law, competitionlaw, foreign investments and sports law. Hewas also the Vice Dean of the Faculty of Lawfrom 1999-2001. From 1998 to 2003, hewas a member and vice president of theCroatian Competition Council, and in 1995,was a member of the delegation of theRepublic of Croatia during the ProximityPeace Talks in Bosnia and Herzegovina inDayton, Ohio. He has been an arbitrator inseveral international commercial disputes anda member of the negotiating team fornegotiations on accession of the Republic ofCroatia to the EU.

Dr. Nina TepešAssociate Professor of Law,University of ZagrebDr. Tepeš teachesCommercial andCompany Law. Herinterests also includeinternational disputesettlement andinternational commercial law. She is one ofthe coaches of the University of Zagreb teamin the Willem C. Vis InternationalCommercial Arbitration Moot.Prior to her present position, she was anassociate professor at the Department ofPrivate International Law, where she alsotaught courses in Alternative DisputeResolution and European PrivateInternational Law.

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Classroom in Zagreb

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U.S.AND CANADIAN STUDENTS:Admission is open to any U.S. or Canadianlaw student who has completed one year offull- or part-time study, and who is in goodstanding at an ABA-approved law school.Students at law schools not approved by theABA Standard 506, and whose admission isconsistent with Standard 501, are alsowelcome to apply. The program is accreditedby the American Bar Association, therebyentitling U.S. law students to course credittoward graduation at their respective homeinstitutions. However, each applicant’sschool still has the discretion whether toaccept the transfer of summer credits. Whilemost schools will accept summer credits,each applicant should determine the policy ofhis or her school in advance. Applicants whoare interested in using this summer credit toaccelerate graduation should check with theirRegistrar’s Office to determine whether thissummer program meets residencyrequirements. It is unlikely that the credits ina foreign summer program can be used toaccelerate graduation.

STUDENTS OUTSIDE U.S.AND CANADAAdmission is open to any student who hascompleted a basic course covering the law ofgeneral obligations, as part of a first degree oradvanced degree, in a college or universityaccredited by the appropriate body of theplace in which the college or university islocated. In civil law jurisdictions, this wouldtypically involve completion of a course inCivil Law covering general obligations,while in common law jurisdictions, thiswould typically involve completion of a basiccourse in Contracts. The intent of thisrequirement is simply to ensure that allstudents bring to the program a basicunderstanding of the nature of law governinggeneral private obligations. The program isaccredited by the European Credit TransferSystem (ECTS). Any questions regardingtransferability of credit to your homeinstitution may be submitted by email to theUniversity of Zagreb Faculty of Law at thefollowing address: [email protected]

Admission may also be open to attorneys or otherlaw graduates (from any jurisdiction) on a space-available basis to audit classes or to take classes forcontinuing legal education purposes.

Tuition and Fees

FinancialAssistance/Scholarships

APPLICATION FEE:Non-refundable – applied to the cost of theprogram: US $150

TOTAL PROGRAM FEES:(including 5 credits, housing, half board,round-trip bus travel from Zagreb to Zadar,and program excursions): US $5,000

U.S.AND CANADIAN STUDENTS:Each student must make his or her ownarrangements for financial aid. If you plan topay the balance of fees with financial aidproceeds, please contact your Financial AidAdvisor at your “home” institution.Financial aid processing requires considerablelead time, so to ensure that the funds arereceived before you depart on your trip,please start the financial aid process at yourschool as soon as possible. A ConsortiumAgreement will need to be initiated by yourinstitution’s financial aid office, thencompleted by Touro Law Center, andreturned to your school. Touro’s FinancialAid Director is Michele Kaminski and shecan be reached at 631-761-7021or [email protected].

STUDENTS OUTSIDE U.S.AND CANADA:Financial aid may be available to studentsfrom certain countries outside the U.S. andCanada. If you are a qualified law studentfrom outside the U.S. and Canada, butrequire financial assistance in order to attendthe program, please contact Kate Andersonfor more information:[email protected]

Timetable forApplication and PaymentsApply as soon as possible; enrollment islimited to 36 students.Applications maybe submitted as of November 15, 2010.Initial admissions decisions will be made inJanuary 2011. Once 36 students are accepted,additional applicants will be placed on awaiting list.

APPLICATION DEADLINE:April 1, 2011, including non-refundableapplication fee of $150. Late applicationswill be considered, and qualified applicantswill be admitted on a space-available basis.

BALANCE OF FEES:April 15, 2011 is the last day to pay the$4,850 balance of fees or provide a signedpromissory note.

Nin and the coastal range in the background

Admissions and Credit

The program sponsors reserve the right to modifyor cancel the program for reasonable cause,including but not limited to insufficientenrollment, severe political instability, or anyserious condition that may threaten the safety ofthe students. If the program is cancelled, anymoney paid by an applicant to the sponsoringschools will be fully refunded within 20 days,except for room and board and transportationpayments utilized prior to the cancellation date.The program will endeavor to help each enrolledstudent attend a similar program, if the studentso desires.

“The course was an excellentexperience, not only because of thehighly qualified professors andefficient staff, but also due to thediversity of students coming fromdifferent legal systems.Thisdiversity permitted us to engage ininteresting discussions and to seecompletely different approaches tothe challenges presented by thecourse – each of which I foundessential to the study of theinternational commercial law andarbitration.”

Ana ClaraViola LadeiraFederal University ofMinas Gerais – Brazil

“Now that I am back in Pittsburgh(after a whirlwind tour of Italy) Iwanted to thank you for creatingand executing such a greatprogram in Croatia. I truly enjoyedmy time and experience in Zagreband Zadar, and would do it againin a second.The faculty’s passionfor the program was obvious andyou were always so responsive tous as students. I will definitely berecommending this program tomy fellow students at Pitt and lookforward to seeing how theprogram grows.”

Sarah MileyUniversity of Pittsburgh - USA

“This summer program was theultimate experience for me. Itprovided a great opportunity tolearn about internationalcommercial law and arbitrationand use this knowledge inpractice, to meet andcommunicate with people fromaround the world, and to spend asummer month in two ofCroatia’s most beautiful cities.”

Anna UdartsovaUniversity of Donetsk - Ukraine

Photo bottom left: Students visiting with theChief Justice of the Croatian Supreme Court

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Application Procedures

There are three methods of applying:

(1) Complete the online application atwww.tourolaw.edu/summerprograms andfulfill all of the Applications Requirements(see below). Once you transmit thecompleted application form, you will receivea confirmation notice on the screen. If youinclude your e-mail address as requested inthe application form, you will receive a copyof the completed application in your e-mailinbox.

(2) Download and print a PDF file of theapplication from the Touro website, andmail the completed form to the addressbelow, along with the ApplicationRequirements (see below).

(3) Fill out the attached application on thefollowing page. Mail the completed form tothe address at right, along with theApplication Requirements (see below).

Application Requirements:Upon submitting your Online Application,or along with your Printed Application,please send the following to the ApplicationAddress:

1) Non-refundable application fee of $150(to be credited toward the cost of theprogram), payable to ‘Touro Law Center’;

2) U.S. Students: Letter of good standingfrom your law school (please have yourRegistrar send this) orNon-U.S. Students: Letter ofrecommendation from a law schoolfaculty member or dean and confirmationof completion of a basic course coveringthe law of general obligations;

3) Current résumé or curriculum vitae;4) Legible, light photocopy of the first page

of your passport;5) Proof of health insurance and its

applicability in Croatia;6) U.S. Citizens only: Proof of online

registration with United StatesDepartment of State for your travel in

Croatia during the program:https://travelregistration.state.gov/ibrs/

Once items 1-3 are received, applicants maybe admitted to the program (if space isavailable). The remaining required items,must be submitted by the April 15th Balanceof Fees due date in order to guarantee theseat in the program.

Application Address:Summer Law Program in CroatiaTouro Law Center, 225 Eastview Drive,Central Islip, NY 11722 U.S.A.Attn: Kate Anderson

Visiting Plitvice Lakes National Park

APPLICATION FORMInstitute in International Commercial Law and Dispute Resolution

Summer Law Program in Zagreb and Zadar, Croatia • July 10 - August 6, 2011

Please print clearly

Full PASSPORT Name (First/Middle/Last):

PASSPORT Number and country of issue:

Social Security Number (U.S. Students):

Birth Date (MM/DD/YY):

Citzenship:

� U.S. Citizen � U.S. Permanent Resident� Non-U.S. Student, if so, Country:

Correspondence Address:

Telephone:

(Home)

(Cell)

E-mail Address:

Permanent Address (if different from above):

Telephone (if different from above):(Home)

Emergency Contact:

Name:Address:Telephone:Relation to Applicant:

Sex: �M � F

Signature

Date

Please follow the ApplicationRequirements listed on theprevious page.

Mail your application and otherrequired materials to:Summer Law Program in CroatiaTouro Law Center225 Eastview Drive,Central Islip, NY 11722 U.S.A.Attn: Kate Anderson

“The month that I spent participatingin this program was one of the mostinteresting and stimulating periodsin my education.The program wasincredibly interesting andinformative, and the professors wereextremely approachable. Spending amonth with students from allaround the world was a particularlyinteresting experience. I wouldhighly recommend this summerprogram to anyone seeking anexcellent combination of individualand team work, theory and practice,work and fun.”

Ksenija GrejicUniversity of Zagreb - Croatia

Waterfalls at Plitvice Lakes National Park

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Present Law School:

School mailing address if outside U.S.:

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CROAT I AZ A G R E B • Z A D A R

We invite you to join us in Croatia this summer — a country at the crossroadsof Western Europe and the Balkans and poised for entry into the European Union —

for an unforgettable educational experience.

FOR MORE INFORMATION:Kate Anderson, Summer Abroad Programs Coordinator,

Touro Law Center: 631-761-7055 (phone), 631-761-7019 (fax),or [email protected] (e-mail)