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Notes for International Business Law
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This document covers the main topics around business law such as trade law and sales of goods.
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Unit 1: INTRODUCTIONPERC Technique (for problem questions) Different types of sources of law
1. Law: Legislation / Statute
Principle (Refer to the reference) Case / Courts
Explain Constitutions / Codes
2. Apply:
Related to the facts
Draw conclusion
To understand the objectives of the clients Topics of negotiation/dispute
contentious (negative): Adversarial, the choice of the jurisdiction (which country’s
adjudication (plaintiffs and defendants dispute court will resolve the problem?
with each other where the court gives the final
decision ex: UK seller delivering late to the
French buyer in smaller quantities) ✅ NOTE: Two countries in the transaction
may choose a court that is outside of
non-contentious (positive: without any dispute their countries→ most popular choice is
or any potential of dispute): Transactional the UK legal system due to its
contract (ex: UK seller, French buyer) colonization past
the choice of law (which country’s law will the
court apply the matter?)
Unit 1: INTRODUCTION 1
, UNIT 2: INTERNATIONAL DISPUTE
RESOLUTION
Types of dispute resolution Litigation (Choice of Jurisdiction
procedures Law)
Litigation EU→ EU Brussels Regulation (2012);
Disadvantages: Time consuming, public If both parties want to express clause;
Advantages: Fair hearing (on putting equal Prevail: Freedom to choose the court: Have the
evidence on the table), right to appeal parties have chosen a country’s court to have
jurisdiction (ART 25)→ Equivalent (Rome
Arbitration
regulation): Have the parties chosen a country’s
Disadvantages: Lack of transparency, No right
law? (ART 3)
to appeal
If neither of the parties don’t express a clause;
Advantages: Private, quicker, neutral
(ART 4): General jurisdiction: Domicile of the
Mediation
defendant
Disadvantages: Not binding, time and cost
4.1 Where does the seller live IF NOT
Advantages: Expert third party, facilitates a
4.2 Governed by the law of the country which
creative solution
most closely connected
Negotiation (both parties communicate
directly with each other)
Disadvantages: No formal process, risky
✅ NOTE: Most of the time ART 4.1 and
4.2 result in the same country
Advantages: Benefits of arbitration and
mediation (+ cheaper) (ART 7): Special jurisdiction: Place or performance
Do nothing (often not a viable option)
✅ NOTE: Conclusion→ Essay question:
✅ NOTE: One disadvantage is the
defendant that is sued in a foreign
Personal opinion; Problem question: country, the decision must be enforced in
Likely outcome of the set of the facts the local country
UNIT 2: INTERNATIONAL DISPUTE RESOLUTION 1
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