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特別講義演習(国際模擬仲裁)

[Lecture Course Basic Information]

Lecturer: Giorgio Fabio COLOMBO - Dai YOKOMIZO
Other Lecturers:
Course Type: Seminar
Semester: Fall
Year: M1&M2
Course Periods: Wed, 2nd Period
Credits: 2
Whether mandatory or not: No
Classroom:  

 

Outline of Lecture Course *

Legal Education is presently facing challenges related to the internationalization of the legal profession. New, truly international, learning experiences are flourishing, and in particular extremely useful and challenging international commercial arbitration moots. One of the most prestigious is the Vis (East) Moot. As the organizers of this competition state, the Vis Moot was created as a clinical tool for training law students in crucial aspects of the procedure: research, drafting and advocacy. The goals of the Moot are the promotion and study of international commercial arbitration and the training of tomorrow's legal leaders in methods of alternate dispute resolution.

This seminar focuses on both theoretical and practical issues related to the Moot. This year case will be studied in detail. Starting from that, students will have to prepare the case (doing research and collecting materials), develop a defensive strategy and learn the basic skills of oral advocacy in arbitration. As the Moot case is based on the Convention on the International Sale of Goods (CISG) the seminar will be an occasion for an in-depth study of this extremely useful international convention.

Ordinary students will work together with the Nagoya University Team for the Vis (East) Moot, in order to get a first-hand experience of how preparing for a moot is.
Course Objectives *The aim of the seminar is to provide students with effective preparation on how to take part in an international moot competition. First, a general overview of what an international moot competition is will be provided. Then, the seminar aims to provide students with the basic skills for preparing a dispute before an arbitration tribunal: analysis of the problem; research on the relevant legal issues; drafting a memorandum in arbitration (both form claimant and respondent sides), presenting the case orally. All those activities will be initially carried out under the supervision of the instructors in order to ensure that students are properly prepared. Then, as the seminar proceeds, a greater degree of autonomy and initiative will be expected. Students will be encouraged to develop their own critical views and defensive strategies on the Moot case. After the end of the seminar, students should have acquired a good knowledge of, inter alia, the Convention on the International Sale of Good, the general structure of administered arbitration and the basic tools for research and advocacy on a practical problem.
Textbooks *Due to the peculiar nature of the seminar, there is no need of a general textbook for students. Some relevant readings will be distributed to students on a regular basis, via the online syllabus system.
Course Materials/Supplementaries *Other handouts and reading materials will be will be distributed to students via the online syllabus system.
Assessment *Participation (quality of the preparation, contribution to the discussion) 50%. Individual presentation, research, etc. (50%).
Prerequisites *Good command of English language (reading, speaking, and writing) is required. A basic knowledge of private international law and civil procedure is recommended.
Instructions for Out-of-Class Study  The participants should read the problem of the moot carefully and reflect on the questions in reading relevant cases and materials.
Responding to Student Questions *By mail or by meeting (which should be arranged by e-mail)
Other Notes *Minimum attendance is set at 70%

 

Lecture Theme Lecture Course Description Learning outside the class Related page
1 Introduction Explanation of the Vis Moot Competition
2 Problem Study Study of the Vis Moot Problem
3 Problem Study Study of the Vis Moot Problem
4 Problem Study Study of the Vis Moot Problem
5 Claimant Memorandum Drafting Memorandum (Claimant Side)
6 Claimant Memorandum Drafting Memorandum (Claimant Side)
7 Claimant Memorandum Drafting Memorandum (Claimant Side)
8 Claimant Memorandum Drafting Memorandum (Claimant Side)
9 Problem Study Study of the Vis Moot Problem
10 Problem Study Study of the Vis Moot Problem
11 Problem Study Study of the Vis Moot Problem
12 Respondent Memorandum Drafting Memorandum (Respondent Side)
13 Respondent Memorandum Drafting Memorandum (Respondent Side)
14 Respondent Memorandum Drafting Memorandum (Respondent Side)
15 Feedback Session Assessment on learning outcomes

※Students who wish to enroll as a member should access the URL below.
Log in using the Nagoya University ID and password, and click on "Enroll in Course".

https://canvas.law.nagoya-u.ac.jp/enroll/GN3Y6Y

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