- Docente: Fabrice Robert-Tissot
- Docente: Oyuka Seuret
This course offers a comprehensive overview of the UNIDROIT Principles on International Commercial Contracts (PICC) and the Principles of European Contract Law (PECL). It aims to equip students with a solid understanding of how the PICC are applied in practice and interact with domestic laws and international conventions such as the CISG.
The lecture will be structured as follows:
An introductory section will focus on the origins and sources of the PICC and the PECL . This first part will also outline the general framework of these principles and rules. We will then examine the relevance of these international principles and rules in practice, before state courts and arbitral tribunals.
The second (and main) part will be dedicated to the content of these principles, with a comparative law analysis. We will compare these rules with Swiss law, as well as other legal traditions, such as common law. This comparative law and transnational approach, based on practical cases, will aim to analyse the compatibility of Swiss law with these international principles.
A third part will define the current trends in international trade, namely the “transnationalisation” of (national) law and the use of international arbitration to resolve disputes, as well as the reasons for such developments.
The course combines theoretical analysis with practical case studies and exercises, enabling students to critically assess the legal framework governing international commercial contracts and develop strategies for contract drafting and dispute resolution in an international setting.
Subject to the student numbers, a moot court will be organized at the end of the lecture, during which students will argue a case before an arbitral tribunal. Participants will act as counsel for the parties or as arbitrators.
The course will be taught in English, but questions/comments in French are also welcome during the lecture.