International Trade Law

Seminar No. 1 – PIL Review – Law Applicable to Contractual Obligations, Ascertaining Jurisdiction. Legal Regime of International Sales Contracts – Applicable Rules and Their Mutual Relations. Notion and Types of Arbitration Proceedings, Arbitrability.

Objectives of the first seminar:

At this session, you will:

  • be able to work with choice of law clauses and to evaluate validity of provided sample clauses;
  • recall tacit (implied) choice of law;
  • learn about the impact a choice of law may have on the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG);
  • be able to analyze jurisdiction agreements under the Brussels I bis Regulation;
  • be able to work with rules regulating contracts for the international sale of goods and to define their mutual relations;
  • learn about the difference between international trade usage, usage agreed by the parties, and practices established between the parties;
  • be introduced to the topic of international arbitration – you will be able to explain this concept and enumerate its pros and cons;
  • be able to differentiate between international and domestic arbitration proceedings;
  • learn about the concept of arbitrability and the types of disputes arbitrable under Czech law.

Before the seminar:

  • get acquainted with the course instructions and the requirements for a successful completion of the course;
  • prepare your solutions of the examples assigned (see below) – Mind the minimum requirement of 4 active participations.
  • should you wish to review your knowledge of Private International Law (as it is a partial topic of the first session) regarding the Rome I Regulation (choice of law) and the Brussels I bis Regulation (jurisdiction agreements), you can utilize so-called "PMO"Casts – Please, consult the respective part of the interactive syllabus for the links;
  • provided it is uploaded, go through the presentation prepared by your lecturer;
  • attend lectures or study all the topics covered by the lectures;
  • read assigned chapters of the textbook;
  • make sure you have access to the relevant legal acts, including an up-to-date list of Contracting States to the CISG.

Assignment

Below you can find the assignment of model cases we will work with at the seminar. Please, study the facts of the cases thoroughly and prepare your solution.

ITL 1 - PIL revision
ITL 1 - CISG application

Compulsory Readings

  • Rozehnalová, N., Valdhans, J., Kyselovská, T. Právo mezinárodního obchodu. Včetně problematiky mezinárodního rozhodčího řízení. Praha: Wolters Kluwer, 2021.
    • Chapter VIII – pp. 127–158
    • Chapter XX – pp. 405–425
    • Part of Chapter XXI – pp. 436–446

Legal Acts

Important Notice

  • Contracting States to the CISG may make several declarations which render the CISG not applicable in certain aspects in relation to these Contracting States.
  • Formerly, the Czech Republic made a declaration according to Article 95 CISG. As a consequence, the Czech Republic was not bound by Article 1 paragraph 1 letter b) CISG – i.e., the CISG was not applicable to cases in which only one of the contracting parties has its place of business in a Contracting State, while the other does not.
  • As of 1 June 2018, the declaration has been withdrawn and is no longer effective. Article 1 CISG is thus applicable in the Czech Republic in its entirety.

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